Terms of Use (Users)

1. Introduction

The Cashberry Software (“Cashberry” or “App”) is a mobile application which is intended to be used by registered users to withdraw cash from their Visa or Mastercard issued payment cards through registered third-party service providers (“Cash Service Providers”) (the “Service”). These Terms & Conditions (“Terms of Use”) constitute a legally binding agreement between you and Societe Generale Global Solution Centre Pvt. Ltd, having its registered office at Voyager Building, 10th floor, Ascendas ITPB SEZ, International Tech Park, Whitefield Road, Bangalore- 560 066, India, who owns the Cashberry App (hereinafter referred to as the “Company” or “us” or “we”), governing your access to and use of the App and Services. The Company is a technology provider and is not the Cash Service Provider that will be providing the Service to you through the App.

By accepting these Terms of Use, you bind yourself to the terms and conditions contained herein, including terms which:

• Limit and/or exclude certain of our obligations, liabilities and legal responsibilities to you;
• Limit and/or exclude certain of your legal rights and remedies against us;
• Transfer certain risks, liabilities, obligations and legal responsibilities to you, such that we may be entitled to claim from you in certain circumstances;
• Constitute acknowledgement of certain facts by you; if any such facts are not true and correct, your right to claim that you were unaware of such a fact or that such a fact is not true may be limited;
• Regulate how we use your personal information, including as set out in our Privacy Policy; and
• Constitute your consent to us collecting, storing and using your personal information as set out in our Privacy Policy.

If you do not accept any part of these terms and conditions, then you should not use the Services and should not continue using the App or the Service.

2. Registration

The Service is only available to individual users that are over 18 years of age and lawfully resident in South Africa. To register, you need to download the Cashberry App on your mobile device, provide us with the required information to create your user profile (your South African registered mobile phone number, your name, identity number, a selfie photo, gender, date of birth), accept these Terms of Use and load your payment card/s.

By registering and using the Service, you represent and warrant that you have the legal right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate and agree to update your profile if your information changes at any time. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws in South Africa.

3. How to use the Service:

In order to withdraw cash from your linked payment card, you will follow the in-app prompts. Once you find a Cash Service Provider that is suitable to you (based on your and the Cash Service Provider’s location and rating), you will be issued with a code that you will present to the Cash Service Provider before the Cash Service Provider will issue your cash. You are solely responsible for selecting the Cash Service Provider. Although we display a Cash Service Provider’s location and rating, please be aware of any safety and security measures that may be required by you, such as not going to an isolated area to withdraw cash, not meeting after hours etc. [If you feel unsafe, you may abandon the transaction by cancelling it prior to the cash being disbursed. It is also your responsibly to ensure that the cash provided to you is not counterfeit.]

Due to the nature of the Services, it is not possible to perform a reversal or refund of a transaction once it has been completed. You should deposit money into your card in the ways available to you by your bank.

4. Terms of use:

By using the Software or the App, you agree that:

• You will only use the Service for the purpose for which it is intended to be used and for lawful purposes;
• You will not use the App for sending or storing any unlawful material or for any fraudulent purposes;
• You shall not contact the Cash Service Provider for purposes other than the Service;
• You will not impair the proper operation of the network;
• You will not attempt to modify or make derivative works based on the Application and/or the software, create any links, frames or mirrors, or attempt to reverse engineer or copy the software;
• You shall not intentionally or unintentionally cause or attempt to cause damage to the Cash Service Provider;
• You will not try to harm the Service, the App and/or the Software in any way whatsoever;
• You will not copy, or distribute the Software or other content without written permission from the Company;
• You will only use the Software and/or the App for your own use and will not resell it to a third party;
• You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
• You will provide the Company with proof of identity as it may reasonably request or require;
• You are aware that when requesting cash services by SMS or use of the Service, standard telecommunication charges will apply.

5. Fees

You may be charged certain transaction fees or usage fees for each transaction carried out using the App. The Company may determine the fees in its sole discretion and any fees charged will be inclusive of all applicable taxes.

You may be charged certain processing fees by the Cash Service Provider for providing the Service. The charges will be notified transparently during the transaction via the App and you are responsible for all such fees to the Cash Service Provider.

Prior to confirming a transaction, it is your responsibility to check the fees. If you do not agree, you should not proceed with the transaction. No refunds or reversals of a transaction are possible.

6. Location Based Services

You acknowledge and agree that in order to use the App and Service you are required to provide your geo-location information. You acknowledge and agree that: (a) your geo-location information will be monitored and tracked by the App when you are requesting Services; and (b) your approximate location will be displayed to the Cash Service Provider before and during the provision of Services to you. In addition, we may monitor, track and share your geo-location information obtained for safety, security, technical, marketing and commercial purposes, including to provide and improve our products and services.

7. Intellectual Property Rights and License to Use the App

The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the App and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.

The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the App and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

8. Rights of the App Store

You acknowledge and agree that: These Terms of Use are entered into between you and us. Since the App is made available through a mobile App store (“App Store”), the App Store is a third party under these Terms of Use and will also have the right to enforce these Terms of Use against you; To the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the app or relying on any of its content; Any claims relating to the licence to the App, possession or use of the App are between you and us (and not between you, or anyone else, and the App Store), including but not limited to, product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and If any claim by a third party that your possession or use (in line with these Terms of Use) of the App infringes any Intellectual Property Rights, the App Store will not be liable to you in relation to that claim.

9. Personal Data Processing

You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder. Our Privacy Policy is part of these Terms of Use and sets out how we use your Personal Data. If you do not accept our Privacy Policy, you should not accept these Terms of Use.

For the purposes of these Terms of Use and the Privacy Policy, “Personal Data” means identifiable data about you having regard to any characteristic, trait, attribute or any other feature of the identity of you or any combination of such features with any other information, and shall include any inference drawn from such data for the purpose of profiling.

The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the App may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

[The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):

• To perform the Company’s obligations in respect of any contract entered with you;
• To provide you with any services pursuant to the Terms of Use herein;
• To process your participation in any events, promotions, activities, focus groups, research studies, contests, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
• Process, manage or verify your App for the Service pursuant to the Terms of Use herein;
• To validate and/or process payments pursuant to the Terms of Use herein;
• To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
• To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
• To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
• To respond to questions, comments and feedback from you;
• To communicate with you for any of the purposes listed herein;
• For internal administrative purposes, such as process improvements, data analysis, database optimizations;
• For purposes of detection, prevention and prosecution of crime;
• For the Company to comply with its obligations under law;
• To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
• To notify and invite you to events or activities organized by the Company, its partners, advertisers, and or sponsors; and/or

If you do not consent to the Company processing your Personal Data for any of the Purposes or want to withdraw the consent, please notify the Company using the help@cashberryapp.com as provided in the App.

If any of the Personal Data that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the help@cashberryapp.com as provided in the App.

The Company will, to the best of its abilities, effect such changes as requested within thirty (30) days of receipt of such notice of change.

By submitting your information to the Company, you consent to the use of that information as set out in the form of submission and in the Terms of Use.]

10. Indemnification

You agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or the App in your dealings with the Cash Service Providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Cash Service Providers arranged via the Service, or (d) your use or misuse of the Service, the Software and/or the App.

11. Limitation of Liability

Any claims against the Company by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the service during the event giving rise to such claims to the Company (excluding the fees attributed to the Cash Service Providers). In no event shall the company and/or its licensors be liable to you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage).

12. Termination

You may terminate the agreement by deleting or uninstalling the App at any time. Deletion of the App shall terminate any ability to use the Service or access your transaction record. [note: company can only retain info for a set time prior to hard deletion.]

The Company reserve the right, in its sole and absolute discretion, to suspend or terminate your use of one or more Services, without notice and without liability to you or any third party, for any reason, including without limitation inactivity or violation of these Terms or other policies the Company may establish from time to time

In addition, the Company reserve the right at any time to modify or discontinue, temporarily or permanently, the App or Services (in whole or in part) with or without notice. The Company may also change the Services, including applicable fees, in its sole discretion. If you do not agree to the changes, you may stop using the Services. Your use of the Services, after implementation of the change(s) will constitute your agreement to such change(s). You agree that we shall not be liable to you or to any third-party for any modification, suspensions, or discontinuance of the Services.

13. Jurisdiction

The Terms of Use will be governed by and construed in accordance with the laws of South Africa. You agree and irrevocably submit to the non-exclusive jurisdiction of the Western Cape High Court, Cape Town in respect of all matters arising hereunder.

14. Modification of Terms of Use

The Company has the right, in its sole and absolute discretion, to change, modify, or amend any portion of the Terms of Use at any time on prior notice to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and re-acceptance in the App, and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and delete the App.

15. Disclaimer

The company is a technology company that does not provide cash services or payment services. it is up to the third-party retailers or individual providers to offer cash services to you and it is up to you to accept such services. the service of the company is to link you with such third-party cash service providers. The Services provided by the company does not intend to provide cash services or any act that can be construed in any way as an act of cash services provider. The company is not responsible nor liable for the acts and/or omissions of any third-party cash provider and/or any other services provided to you.

The company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the third-party cash services obtained by or from third parties through the use of the service, the App and/or the software. you acknowledge and agree that the entire risk arising out of your use of the service, and any third-party services, including but not limited to the third-party cash services remains solely and absolutely with you and you shall have no recourse whatsoever to the company.

The company will not be a party to disputes, negotiations of disputes between you and such third-party providers including third party cash services providers, advertisers and/or sponsors. The company cannot and will not play any role in managing payments between you and the third-party providers, including Cash Service Providers, advertisers and/or sponsors. You expressly waive and release the company from any and all liability, claims, causes of action, or damages arising from your use of the service, the software and/or the App, or in any way related. You agree that the Company is not responsible for any counterfeit (fake) currency that may be provided to you by the Cash Service Provider. The same must be checked and verified by you before accepting the cash.

16. Electronic communications

You consent to receiving communications from Company electronically and agree that all agreements, notices, disclosures and other communications sent by Company by electronic means satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”. You acknowledge and agree that in law these Terns of Use constitutes a written agreement, which upon your electronic acceptance and submission, will be regarded as signed by you.

Company reserves the right but assumes no obligation to provide communications in paper format.

You agree that in the event of a dispute between you and Company or between you and any other user or Cash Service Provider, Company’s electronic records of your transactions, these Terms of Use, Privacy Policy, any identity verification information provided in a paper format and subsequently scanned or otherwise converted into an electronic format, and any other information stored or created electronically shall be admissible in a court of law, proceeding or in relation to a law enforcement or regulatory investigation or prosecution.

17. Miscellaneous

• Company is entitled to cede (i.e. transfer) these Terms of Use to any third party without your consent, other than if such cession would be to your detriment, but you may not cede or transfer these Terms of Use or any of your rights or obligations hereunder to any other person.
• If either of us fails or delays the exercise of any rights or remedies under these Terms of Use, we will not be deemed to have waived (i.e. given up) those rights or remedies in any way.
• If a court or similar body decides that any wording (or its App to any person or circumstance) in these Terms of Use is illegal, invalid or unenforceable, that decision will not affect the rest of these Terms of Use, which shall not be affected or impaired but will remain binding on both of us. However, if the wording that is illegal, invalid or unenforceable can be made valid and enforceable by deleting part of it, or by substituting legal, valid and enforceable provisions for the illegal, invalid and/or unenforceable provisions, we will both treat the wording as if it is so deleted or substituted, so that the wording becomes legal, valid and enforceable.
• These Terms of Use (including the Privacy Policy and other documents or policies incorporated herein by reference) is the entire agreement between you and Company with respect to your use of the Account, and supersedes all documentation, information and other communications (in each case whether spoken or written) between us with respect to such access and use.