SUMMARY
ARTICLE 1 – DEFINITIONS
ARTICLE 2 – DESCRIPTION OF THE SERVICE
ARTICLE 3 – ACCEPTANCE OF THE TERMS AND CONDITIONS
ARTICLE 4 – USE OF A CASHLIB VOUCHER
ARTICLE 5 – GETTING A CASHLIB VOUCHER CODE
ARTICLE 6 – MAKING PAYMENTS WITH CASHLIB ON PARTICIPATING MERCHANTS WEBSITES
ARTICLE 7 – CUSTOMER DUE DILIGENCE
ARTICLE 8 – SECURITY OF YOUR CAHSLIB VOUCHER CODE
ARTICLE 9 – FRAUD, MONEY LAUNDERING AND TERRORIST FINANCING
ARTICLE 10 – VOUCHER REIMBURSEMENT
ARTICLE 11 – REFUND AND FEES
Conditions
Procedure and fees
ARTICLE 12 – DATA PROTECTION
ARTICLE 13 – CASHLIB TOOLS AND CASHLIB RIGHTS TO RESTRICT ACCESS TO, SUSPEND AND PERMANENTLY CANCEL CASHLIB VOUCHER SERVICE.
ARTICLE 14 – LITIGATION AND COMPLAINTS
ARTICLE 15 – TERMINATION OF THE AGREEMENT BETWEEN THE COMPANY AND THE USER
ARTICLE 16 – VARIATION OF THE TERMS AND CONDITIONS
ARTICLE 17 – SUSPENSION OF SERVICE
ARTICLE 18 – EXCLUSION OF REPRESENTATION AND WARRANTIES
ARTICLE 19 – LIMITATION OF LIABILITIES
ARTICLE 20 – PAYMENT FOR LOSS AND THIRD PARTY CLAIMS
ARTICLE 21 – MISCELLANEOUS
CASHlib TERMS AND CONDITIONS
The following Terms & Conditions apply between:
EMP CORP S.A. which is a public limited company under Luxembourgish law, with a capital of 350,000 euros, established with its registered at 10 boulevard Royal, L-2449 Luxembourg, registered at the Luxembourg Trade and Companies Register under reference B181670. CFS-ZIPP Limited is a limited company incorporated in England and Wales having its registered office at 790 Uxbridge Road, Hayes, London UB4 0RS United Kingdom, duly registered at the Financial Conduct Authority (“FCA”) under the reference 900027.
Hereinafter referred to as “EMP CORP SA“
And
“USER”: meaning the person who owns e-money stored on a CASHlib prepaid voucher.
Hereinafter referred to as “User”
ARTICLE 1 – DEFINITIONS
For the need of these Terms and Conditions, the following terms are defined as follows:
- “ CASHlib “: the brand duly registered used by EMP CORP SA to design its Voucher product and the Services related to this product;
- “ Voucher” or “CASHlib Voucher”: the code, composed of sixteen (16) digits, which constitutes electronic money and which will be bought by the Customer at a specific value and later entered by the Customer on the Participating Merchant Website to buy a good or a service. They can be branded as CASHlib or any other brand in case EMP CORP SA generates the Voucher as a « white label » product for a third party.
- “User”: the natural person, of legal age and no younger than eighteen (18) years, who buy CASHLIB Vouchers in order to pay for goods and/or services online on a Merchant Website;
- “ Participating Merchant Website”: the website of the Merchant who accepts to be paid by Clients through CASHLIB Vouchers;
- “Payment”: the purchase by a Customer on a Participating Merchant Website by means of a CASHLIB Voucher;
- “CASHlib Tools”: The group of all CASHlib functionalities;
- “ Customer Due Diligence” or “CDD”: the process where relevant information about the customer is collected and evaluated for any potential risk for the organization or money laundering/terrorist financing activities;
- “Know Your Customer”, “ KYC” or “KYC Procedure”: the procedure to identify the Customer;
- “Personal Data”: any and all information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, credit card/debit card information, address data, and/or an online identifier or to one or more factors specific to the identity of that natural person;
- “Point of Sale”: the physical shop or the online website where the Customer can buy, amongst other products, CASHLIB Vouchers;
- “Third party”: a person who is not a party to a contract or a transaction, but has an involvement;
- “Issue Date”: the date of purchase of the CASHlib voucher;
- “Use by Date”: the period during which the user could use his/her voucher before a monthly fee is applied.
ARTICLE 2 – DESCRIPTION OF THE SERVICE
CASHlib is a payment scheme provided by EMP CORP S.A. as an e-money agent of CFS-ZIPP Limited, based in UK which is authorized as an e-money issuer in accordance with the laws in force in the United Kingdom at the FCA under the reference 900027.
The CASHlib voucher is a voucher based payment scheme that enables you to make online payments without the need for credit or debit cards. The CASHlib payment scheme uses a CASHlib voucher code which is individually encoded and is issued in exchange for payment for the par value of the denomination amount as stated on the CASHlib voucher.
CASHlib voucher can be purchased at physical points of sale or online. CASHLIB provides an online validation of the presented CASHlib voucher code to Participating Merchants or on the CASHlib website enabling your payment to be confirmed.
A Participating Merchant is a business company that has integrated the CASHLIB payment scheme into its payment processing system and operates under the CASHLIB scheme rules. A list of the Participating Merchants can be found on the Website at www.cashlib.com
CASHlib will not credit any interest to the value of the voucher code.
ARTICLE 3 – ACCEPTANCE OF THE TERMS AND CONDITIONS
You become bound by these Terms and Conditions set out in this Agreement in relation to any use of the CASHlib payment scheme by becoming the “Holder” of a CASHlib voucher code.
You are the sole owner of the Voucher, you are not permitted to transfer or assign your rights under this Agreement to a third party.
You become a Holder of a CASHlib voucher code by:
- receiving a CASHlib voucher code from CASHlib directly or from a Business Partner contracted to distribute CASHlib voucher codes; or
- being issued with a new CASHlib voucher code (where you have registered to use CASHlib Tools to manage a previous CASHlib voucher code or where you have submitted a previous CASHlib voucher code to a Participating Merchant or on the CASHlib website for validation as a result of which a new CASHlib voucher code is issued to you).
- You cease to be a Holder of a CASHlib voucher code when:
- the CASHlib voucher code and amount is submitted to a Participating Merchant or on one of the listed CASHlib branded products on the CASHlib website for validation for payment by CASHlib and the voucher is used; or
- that CASHlib voucher code is managed or used on the CASHlib website on any of the CASHlib Products and CASHlib Tools as a result of which the CASHlib voucher code is used; or
- the CASHlib voucher code is refundable by EMP CORP.
ARTICLE 4 – USE OF A CASHLIB VOUCHER
A CASHlib voucher is made out of 16 digits, showing on it. When the user enters this code on a CASHlib dedicated online form, the user places an order for a transfer of funds/payment with its CASHlib Voucher.
A user acknowledges that all payments made through this means are its sole responsibility and is warned that a CASHlib personal code is strictly personal and cannot be shared.
When the user has subscribed on a website partner of CASHlib, the user can choose CASHlib as a payment method by clicking on its logo, amongst all available payment methods.
Consecutively, a new window will show, with a CASHlib layout, showing the following :
- the website where a payment is about to be done
- the service or product that is about to be bought
- the amount to be paid
Upon entering a CASHlib personal code on this page, a user agrees to transfer the funds to the relevant website using its CASHlib voucher, which is debited straight away by the amount decided by the user. This can be repeated until the voucher is totally redeemed. CASHlib reserves the right to refuse executing a payment order given by a user, and should there be a lack of provision, or any other reason.
The voucher indicates a Use by Date which is 6 months after the voucher was purchased (“The Issue Date”). After this Use by Date has passed, the user will be charged a monthly fee specified in Article 11 (Refund and Fees).
ARTICLE 5 – GETTING A CASHLIB VOUCHER CODE
CASHlib voucher codes are distributed by Business Partners.
Such Business Partners may distribute CASHlib voucher codes at retailers and other outlets.
The vouchers distributed goes from 10€, 20€, 50€, 100€ up to 150€.
Business Partners and any associated retailers or other outlets, are listed on the website www.CASHlib.com and you should satisfy yourself that any company purporting to distribute CASHlib voucher codes to you is a CASHlib contracted Business Partner.
CASHlib is not liable for the validity of any CASHlib voucher codes obtained from any person who is not a CASHlib contracted Business Partner or for any losses or damages resulting from the supply of CASHlib voucher codes from any such persons (whether such voucher code is supplied direct to you, or is obtained by you in the manner described in Article 3).
ARTICLE 6 – MAKING PAYMENTS WITH CASHLIB ON PARTICIPATING MERCHANTS WEBSITES
Your CASHlib 16-digit voucher code can be used to make a payment as described in Article 4 (“Use of a Cashlib voucher”) from the Issue Date.
You may use the CASHlib payments scheme to make payments to Participating Merchants’ websites listed on the CASHlib website. Participating Merchants are listed on the CASHlib website at www.cashlib.com and you should satisfy yourself that a merchant is a Participating Merchant before submitting the CASHlib voucher code to a merchant as payment. CASHlib is not liable for any loss under any circumstances resulting from the presentation of CASHlib voucher codes to anyone that is not a Participating Merchant.
Upon submission by you of the CASHlib voucher code and face value of the CASHlib voucher to the Participating Merchant, and the acceptation by the Participating Merchant of the CASHlib voucher code and face value of the CASHlib voucher, EMP CORP will validate the CASHlib voucher code details and will advise the Participating Merchant of the validity or otherwise of the submission.
In the event that CASHlib shall advise the Participating Merchant that the submission is valid, the Participating Merchant may accept such advice and proceed to accept the CASHlib voucher code as payment.
Should CASHlib advise the Participating Merchant that the submission could not be validated, the Participating Merchant will advise you accordingly.
Similarly, where the submission is made via the CASHlib website on one of the listed CASHlib branded products, CASHlib will notify you whether the transaction is validated or not.
EMP CORP SA only distributes e-money and provides payment services, and has no involvement in any contract or other dealings the user has with the Participating Merchant. CASHlib shall not be liable in any way under the terms of that contract or other dealings or in any way arising therefrom.
Once CASHlib has advised a Participating Merchant that a submitted CASHlib voucher code and amount are validated, CASHlib has no means of subsequently withdrawing such validation and the CASHlib voucher code and amount will be considered redeemed and cannot be used again nor refunded.
Any refund of a payment resulting from a claim against a Participating Merchant or a listed CASHlib branded product on the CASHlib website is subject to the Participating Merchant’s or the listed CASHlib products own terms and conditions of business and refund policy. You should make yourself aware of such terms and policies before using a CASHlib voucher code to pay.
Paying with CASHlib voucher codes is like paying with cash or other means of payment, and so you must keep your own records of payments.
ARTICLE 7 – CUSTOMER DUE DILIGENCE
By acquiring a CASHlib voucher code, you give your consent that CASHlib has the right to perform such CDD (“Customer Due Diligence”) checks deemed necessary to comply with Anti Money Laundering regulations, or if CASHlib, in its sole opinion, suspect fraudulent use and/or misuse of the payment scheme. You further undertake to cooperate fully to ensure the CDD information required is provided to CASHlib within the time parameters to be specified by CASHlib. Any personal data provided in connection with the KYC (“Know Your Customer”) process will be held by CASHlib in accordance with the General Data Protection Regulation (EU) 2016/679 and protected as specified in Article 12.
When you apply to register with CASHlib, we make a number of checks to verify your identity to prevent and detect crime and money laundering. These checks are done using 3rd party agencies and may include supplying your information to Credit Reference Agencies for the purpose of identifying you. The agencies will record details of such searches. The searches will not be seen or used by lenders to assess your ability to obtain credit.
ARTICLE 8 – SECURITY OF YOUR CAHSLIB VOUCHER CODE
You are solely responsible for the security and integrity of your CASHlib voucher code. You acknowledge that CASHlib is entitled to act on any request submitted through a Participating Merchant website or listed CASHlib branded product on the CASHlib website for validation without enquiry into the identity or entitlement of the Holder.
CASHlib shall not be obliged to verify that the person presenting the CASHlib voucher code and amount to CASHlib via a Participating Merchant is the Holder of, or is otherwise entitled to use, the CASHlib voucher code.
If you have lost your CASHlib voucher, or if you are victim of a robbery, you may contact CASHlib via the Contact Form on www.cashlib.com and request that the voucher code is cancelled. You will be asked to provide the CASHlib voucher code, amount, currency and the date, time and place of issue. If the voucher code has not been redeemed prior to such notification CASHlib will normally cancel the CASHlib voucher code and issue a replacement voucher code to you in substitution. CASHlib shall have an absolute discretion to refuse to issue a replacement code, or to delay issuing a replacement if it reasonably suspects fraud, money laundering or other unlawful activity.
ARTICLE 9 – FRAUD, MONEY LAUNDERING AND TERRORIST FINANCING
In accordance with the coordinated version as at 25 March 2020 of the Luxembourg law of 12th November 2004 on the fight against money laundering and terrorism financing, as amended, for transaction superior to 50 EUR you may be asked to identify yourself. Failure to adhere to this would constitute a breach of these terms and conditions and may give rise to suspicion of fraudulent and/or criminal activity as a result of which CASHlib reserves the right not to redeem and/or refund the CASHlib voucher code.
You must not use a CASHlib voucher for any illegal purpose. All activities related to the purchase/use of a Cashlib voucher are monitored to determine any irregular activity and CASHlib reserves the right to cancel any CASHlib voucher code where the purchase/use of a CASHlib voucher code is reasonably regarded as suspicious to CASHlib.
In these circumstances, you must contact CASHlib customer services as soon as possible in order to verify that all activity in relation to all your vouchers is authorized and lawful. CASHlib may issue new voucher codes for the same unused balance value to replace your invalidated vouchers only if you can prove to our reasonable satisfaction that you have acted lawfully and in accordance with this Agreement in every respect. Your failure to do so will lead to the value of all your affected vouchers being permanently forfeited.
You must keep proof of purchase of the CASHlib voucher code including the original CASHlib voucher receipt and this proof of purchase may be requested by CASHlib (in addition to any other information we may reasonably require you to provide) to establish that you are the Holder of the CASHlib voucher code as defined in Article 3.
ARTICLE 10 – VOUCHER REIMBURSEMENT
If the purchase of physical goods at accredited e-commerce websites cannot be fulfilled, CASHlib will advise the Participating Merchant or listed CASHlib branded product of a new CASHlib voucher code and amount where the amount represents the “change” remaining from the transaction. The Participating Merchant or listed CASHlib branded product shall be responsible for giving you this new CASHlib voucher code and amount.
Any such “Change” voucher code you receive will be subject to a new agreement under the terms and conditions in effect at that time.
Participating Merchants have the discretion whether they enable the “change” voucher facility. In the event that a Participating Merchant has not enabled this facility, you will only be able to spend your CASHlib voucher with that Participating Merchant if the face value is exactly equal to the amount of payment you are trying to make. If the amount of payment is more or less than the face value the voucher, the payment will not be successful and the face value of the voucher will not be affected in anyway whatsoever.
ARTICLE 11 – REFUND AND FEES
Local financial regulations may prevent CASHlib from being refunded in some countries and this will be notified in the FAQs section at www.cashlib.com. CASHlib is not liable for refunds, losses or compensation relating to countries where refunds are not permitted, and you should satisfy yourself as to such local regulations before obtaining a CASHlib voucher.
Conditions
In countries where it is authorized, you can request a refund for a CASHlib voucher code if the following conditions are met:
- your right to request a refund commences on the Issue Date of the voucher code and continues for a period of 6 years after the date on which this Agreement terminates; and
- CASHlib voucher codes (or Change voucher codes) must be unused at the time of the refund request; and
- you must have acquired the voucher from a Business Partner; and
- you must prove that you are a Holder of a CASHlib voucher code as defined in Article 3 and you should retain proof of purchase including the original voucher receipt.
Procedure and fees
You will need to fill in the Refund Form you can find in the section Refund on www.cashlib.com.
A voucher that has been used cannot be refunded.
You can obtain a refund for the full value of the CASHlib voucher, at no cost, if you cancel the voucher within 15 days after the Issue Date (the “cancellation period”).
After the cancellation period, CASHlib will refund the face value of the CASHlib voucher code on request subject to a fee of 25€ (or the equivalency in another currency) for processing a refund.
However, after the 6 month period following the Issue Date, CASHlib will apply an additional monthly charge of 2.50€ to the value of your CASHlib voucher code after the Use By Date, which will be directly deducted from the balance of your CASHlib voucher.
Fees will be applied to the voucher accordingly until the value of the CASHlib voucher code is reduced to zero or your right to claim a refund has expired.
The amount of any refund (subject to the above fees) will be paid directly into your bank account. If you would rather be issued with new CASHlib vouchers instead please contact CASHlib customer service, who, subject to your having complied with the terms of this Agreement in every respect, will issue you a new CASHlib voucher code.
All fees will be for the amounts stated above, or the equivalent in another currency.
Any personal data provided in connection with a refund will be protected as specified in Article 12.
ARTICLE 12 – DATA PROTECTION
Any personal data collected will not be used for marketing purpose.
The CASHlib Privacy Policy and information about our use of cookies can be viewed on our website www.cashlib.com.
Under the Luxembourg Law of 12th November 2004 and as a regulated institution, you acknowledge that we “shall retain documents, data and information for the purposes of preventing, detecting and investigating, by the Luxembourg authorities responsible for the fight against money laundering and terrorist financing” for a period of five (5) years after which they will be destroyed.
Any personal data will be held securely in accordance with the General Data Protection Regulation (EU) 2016/679 and the CASHlib Privacy Policy published at www.cashlib.com and used for audit purposes only.
You have any right to request access to your personal data and you can ask for some rectification, erasure, object of the processing or the portability of your data by contacting:
EMP CORP SA
To the attention of the Data Protection Officer
10, Boulevard Royal
L-2449 Luxembourg
ARTICLE 13 – CASHLIB TOOLS AND CASHLIB RIGHTS TO RESTRICT ACCESS TO, SUSPEND AND PERMANENTLY CANCEL CASHLIB VOUCHER SERVICE.
A number of listed CASHlib branded features including utility programs such as “CASHlib Tools”, are provided to help you use and manage your CASHlib voucher codes. These are made available at www.cashlib.com. These listed CASHlib branded features are provided for the convenience of Holders of CASHlib voucher codes as defined in Article 3. Access to these listed CASHlib branded features and CASHlib tools may be restricted without notice at the complete and sole discretion of CASHlib and CASHlib will have no liability whatsoever for any damages or losses arising as a result thereof.
CASHlib may temporarily or permanently invalidate CASHlib voucher codes issued by a Business Partner of CASHlib, created via CASHlib Tools or any other CASHlib features if, (or in the case of a temporary invalidation, if, pending investigation):
- CASHlib has reasonable suspicion of unauthorized use for trade purposes; or
- you have redeemed or attempted to redeem a CASHlib voucher code originating from any person who is not a CASHlib contracted Business Partner (in any of the circumstances described in Article 5); or
- CASHlib has good reason to suspect that the vouchers are associated with suspicious activity which is normally related to fraudulent and/or illegal use.
If CASHlib has temporarily invalidated your CASHlib code in accordance with this Article, then unless you have confirmed that all activity in relation to your vouchers is authorized, lawful and in accordance with this Agreement, CASHlib will permanently invalidate (cancel) this CASHlib voucher code on the day after the Use by Date.
If CASHlib permanently invalidates your CASHlib voucher code it may also permanently invalidate any other CASHlib voucher code supplied to or held by you (whether or not any such other vouchers originate from a person who is not a CASHlib contracted business partner).
Upon becoming aware that CASHlib has invalidated your CASHlib voucher code, you must contact CASHlib customer services as soon as possible in order to confirm that all activity in relation to all your vouchers is authorized, lawful, and in accordance with this Agreement. You may be asked to provide proof of identification and your address or location, the original CASHlib voucher details and any other information or actions deemed necessary for the purposes of avoiding any unauthorized use of the CASHlib voucher. You may also be required to give your consent through registration on the CASHlib website for us to undertake checks with 3rd party companies in order to verify your identity. If you can prove to our reasonable satisfaction that you did not use your CASHlib voucher code as envisaged in this Article 9, CASHlib will issue new voucher codes to you for the same value as your invalidated vouchers.
CASHlib Products and the use of CASHlib Tools may have fees applied, and these will be clearly displayed before you complete your transaction for the CASHlib product concerned. Should any fees be imposed or increased on either CASHlib Tools or other CASHlib Products notice of such changes will be notified on the website www.cashlib.com. Any changes will take effect two (2) months after the date of posting on the website (or shorter if required by law), and shall apply to your use of the CASHlib payment service after that two (2) month period.
The foreign exchange rates to be used when converting the currency of your CASHlib voucher using the CASHlib Tools, will be available to you at the time you proceed with the conversion and are published at www.cashlib.com.
ARTICLE 14 – LITIGATION AND COMPLAINTS
If you disagree with the CASHlib payment scheme or CASHlib voucher services, please try and resolve the matter first with CASHlib Customer Support via the website www.cashlib.com.
If you are still not satisfied with the CASHlib response, you can ask for your case to be escalated as a complaint. You may contend the way your complaint has been handled, and after eight weeks have elapsed from receipt of the escalated complaint, you may take the complaint to the Financial Ombudsman Service at the following address:
Financial Ombudsman Service
South Quay Plaza 183 Marsh Wall London E14 9SR
Email : complaint.info@financial-ombudsman.org.uk
You can also call the Financial Ombudsman using the following telephone numbers :
0800 023 4 567 (calls to this number are normally free for people ringing from a “fixed line” phone – but charges may apply if you call from a mobile phone);
0 300 123 9 123 (calls to this number are changed at the same rate as 01 or 02 numbers on mobile phone tariffs); or + 44 20 7964 0500 (if you are calling from abroad).
ARTICLE 15 – TERMINATION OF THE AGREEMENT BETWEEN THE COMPANY AND THE USER
This Agreement terminates automatically on the earlier of:
- the date on which the CASHlib voucher code is used at a Participating Merchant; or
- the date on which the CASHlib Tools on the CASHlib website are used to manage the CASHlib voucher code which results in a new CASHlib voucher code being issued; or
- the date on which the CASHlib voucher code is used on any of the listed CASHlib branded products available on the CASHlib website; or
- the date on which the CASHlib voucher code is refunded; or
CASHlib may terminate this Agreement immediately if:
- CASHlib permanently invalidates the CASHlib voucher code to which this Agreement relates in accordance with Article 13; or
- you receive your CASHlib voucher code from someone other than CASHlib or a Business Partner; or
- you are in serious breach of this Agreement; or
- we have reason to believe there has been or may be some illegality or fraud or misuse of the CASHlib payment scheme in relation to your CASHlib voucher code.
If you are issued with a new CASHlib voucher code (including a Change voucher code), you will enter into a new agreement in respect of that code subject to the terms and conditions effective at that time.
ARTICLE 16 – VARIATION OF THE TERMS AND CONDITIONS
CASHlib reserves the right to vary these terms and conditions from time to time www.CASHlib.com, including by introducing new terms, for any of the following reasons:
- where we reasonably consider it will make the terms and conditions easier to understand or fairer to you or the change would not be to your disadvantage; or
- to reflect any changes in the cost of providing our services to you (where the change made will reflect the change in costs to us); or
- to take into account a new regulatory requirement; or
We may change our fees and charges or introduce a new fee or charge if there is a change in (or we reasonably expect that there will be a change in):
- The costs we incur in carrying out the activity for which the fee or charge is or will be made;
- Regulatory requirements.
Any change or new fee or charge will be a fair proportion, as reasonably estimated by us, of the impact of the underlying change on the costs we incur in our business.
Any changes will be notified on our website and will take effect two months after the date of posting on the website (or shorter if required by law) and shall apply to your use of the CASHlib payment service after that two months period.
You are deemed to accept any changes made unless, before the proposed changes are due to come into effect, you tell us that you want to terminate your Agreement with us and not accept the change. In this case you will be able to terminate your Agreement free of charge.
This Terms and Conditions are a new updating and shall apply to vouchers issued on or after January 1st, 2021.
You can retrieve the last version of 2016 on the www.cashlib.com.
ARTICLE 17 – SUSPENSION OF SERVICE
CASHlib gives no warranty or representation that its CASHlib payment scheme will be available at all times.
CASHlib reserves the right to suspend its system when it considers necessary for maintenance or upgrade to the systems. CASHlib will use reasonable endeavors to minimize any periods during which the system is unavailable and where possible will post notice on its website www.CASHlib.com of such suspension.
ARTICLE 18 – EXCLUSION OF REPRESENTATION AND WARRANTIES
CASHlib makes no warranty or representation, either express or implied, as to the suitability or fitness for purpose of the CASHlib payment system in relation to any specific customer requirements, needs or particular circumstances.
The CASHlib scheme is a method of making payments only. Accordingly, unless we tell you otherwise:
CASHlib gives no warranty, makes no representation and disclaims all liability so far as the law allows with respect to the quality, availability, legality, delivery or any other aspect of your dealings with Participating Merchants; and
The process by which CASHlib authorizes merchants to accept payment through the CASHlib payment system does not involve any assumption of responsibility or investigation by CASHlib as to those merchants’ dealings with any particular consumers and you therefore deal with Participating Merchants entirely at your own risk. Any grievance you may have with a Participating Merchant must be pursued with that merchant and not with CASHlib.
ARTICLE 19 – LIMITATION OF LIABILITIES
You acknowledge that CASHlib is solely issuing e-money and providing a payment service and that some limitation of liability on CASHlib’s part is reasonable and customary in an Agreement such as this.
Accordingly, you agree that CASHlib shall not be liable for:
- Any validation provided by CASHlib not being acted upon by a Participating Merchant where the Participating Merchant’s failure to act does not result from our wrongful act or omission; or
- Any delay or failure to carry out CASHlib’s obligations under this Agreement arising from any abnormal and unforeseeable event outside our control where the consequences would have been unavoidable despite all our efforts to the contrary.
- Save in relation to death or personal injury caused by negligence, in no circumstances shall CASHlib’s liability hereunder exceed the face value of the CASHlib voucher code that is issued to you.
ARTICLE 20 – PAYMENT FOR LOSS AND THIRD PARTY CLAIMS
You will pay CASHlib any amount we lose or have to pay arising from any third party claim resulting from your misuse of the CASHlib payment system, or for harm suffered directly or indirectly by CASHlib as a result of your breach or non- observance of your obligations under this Agreement.
ARTICLE 21 – MISCELLANEOUS
This Agreement is under the Luxembourg Law and the competent jurisdiction will be the Court of Luxembourg.
CASHlib reserves the right to assign, subcontract, novate or transfer its obligations hereunder to any third party (a “third party transferee”) without your consent provided that we will only assign or transfer such obligations if, in our reasonable opinion:
- the third party transferee to whom we make the transfer is capable of performing this Agreement; and
- the way in which you are treated under this Agreement will not be affected in an important way by, or following, that transfer.
Where we assign or transfer (including by declaration of trust) all or any part of our rights and/or obligations under this Agreement to a third party transferee, references in this Agreement to “we”, “us” and “our” shall be references to that third party transferee.
Nothing in this Agreement is intended to create any rights which are enforceable by any person who is not a party to this Agreement under the Contracts (Rights of Third Parties) Act 1999, unless otherwise stated.
If any clause or part of any clause of this Agreement shall be found to be illegal or unenforceable, then the validity and enforceability of the remainder of the Agreement shall not be adversely affected.
Any delay or failure by you or CASHlib to enforce or pursue any remedy or right hereunder shall not be deemed to be a waiver of that remedy or right and, unless we tell you otherwise in the case of CASHlib not exercising or enforcing a right or remedy, will not prevent that right or remedy from subsequently being exercised or enforced.
This Agreement constitutes the entire agreement between us relating to the provision of the CASHlib payment scheme and supersedes any previous agreements and unders.