Terms and conditions

Last Updated: 10/06/2017

This Agreement is entered into between you (the “Merchant”, “you”, “your”) and Kashing Limited, trading as Kashing (“Kashing”, “we”, “us”, “our”).

Kashing, provides a service enabling the acceptance of debit and credit card payments by mobile phone, tablet and online (the "Service"). The following are terms and conditions for the provision of the Service (the "Terms"). By registering an account with Kashing (the "Account") and by accepting the Terms, the user of the payment service (the "Merchant") and Kashing - subject to Kashing’s approval as described in detail in paragraph 4.1.5 below – shall have entered into an agreement (the "Agreement") entitling the Merchant to use the Service.

By making a declaration on a specific location in the registration, the Merchant acknowledges that the Merchant has read and agreed to the Terms and accepts that the Merchant’s rights and obligations with respect to the Service are governed by these Terms and consequently commits to adhere to them. Where applicable, the Merchant also acknowledges responsibility for ensuring that any employee of the Merchant or other person using the Service on behalf of the Merchant, have read, consent to and will adhere to these Terms. The Merchant is however fully responsible for all use of the Service related to the Account, regardless of who actually uses the Service.

1. Information about Kashing Limited

Kashing Limited is a private limited company registered in England and Wales under company registration number 08957266. Our registered office is located at Wimbledon Methodist Church, Griffiths Road, Wimbledon, SW19 1SP. See also clause 28 for regulatory information.

Kashing Limited is registered by the Financial Conduct Authority of the United Kingdom as a small payment institution, FCA registration number 630463. Contact details of the Financial Conduct Authority can be found at FCA contact details

2. Services provided by Kashing Limited

2.1 Subject to paragraph 16.1 the Service enables the Merchant to accept payments made with debit and credit cards ("Cards") by tablet, chip & pin device (“The Chip & Pin”) and online. The Chip and Pin or tablet will process the transactions and transfer the relevant sums into the Merchant’s Kashing account. When a payment is made to the Merchant’s Kashing account, Kashing will update the account history and send a notification confirming that the payment transaction has taken place and setting out the details of the transaction.

2.2 The Merchant gains access to the Service and the Account through the Kashing’s website www.kashing.co.uk (the "Website"). The Service is used by acquiring the payment card information of the paying customer through a chip and pin device that is provided by Kashing.

2.3 Kashing may at any time revise or modify the Service. Kashing shall always attempt to notify the Merchant of any changes with reasonable notice on the Website and by email to the email address specified by the Merchant. However Kashing reserves the right to implement such changes with immediate effect to maintain the security of their systems or to comply with relevant laws, regulations or rules issued by Kashing’s designated bank or the Networks.

2.4 Kashing will deduct a fee for the Services as set out in the page of our website detailing our fees and charges (the “Fee Schedule”). The Fee Schedule is available on the following our fee schedule.

3. Conditions for and limitations to using the Service

3.1 Any usage of the Service means automatically that Merchant has read, understood and accepted the T&Cs.

3.2 By accepting the Terms the Merchant acknowledges that: (i) the Merchant - if the Merchant is a natural person -, and any person using the Service on behalf of the Merchant, is at least 18 years old, the Merchant is domiciled in the UK and (ii) the payments which are carried out through the Service are in accordance with applicable laws and regulations.

3.3. The Merchant must only use Kashing’s Services for the sale of products and services typically associated with the business activities disclosed in the application process. The Merchant must obtain our prior approval for any products or services that fall outside of such typical product or service range.

3.4 The Merchant must not use the Services fraudulently or in a way that is misleading to customers, card holders or any third party.

3.5 The Merchant shall not use the Service to receive payment for goods and services that (i) contain tobacco and are acquired through the Internet, (ii) relate to pornography, including sex clubs, escort services, prostitution, magazines, videos or images with pornographic content and sex toys in cases where such products are the only products marketed, (iii) relate to time-sharing, (iv) are prescription drugs (unless the seller has all applicable authorisations for the supply of such drugs and such supply is made in accordance with applicable laws and regulations) or narcotics, (v) relate to dating (including sex dating), (vi) are weapons, (vii) relate to gambling, betting, lotteries, bingo and other casino services (this does not apply to such gaming and lottery operations conducted in accordance with all applicable laws and authorised by all applicable regulatory authorities), (viii) relate to so-called “anonymity services”, (ix) relate to vouchers with a longer duration than 36 months, (x) relate to virtual currency, (xi) relates to erotic dance or comparable services, (xii) constitute financial services, or (xiii) are prohibited by law or, at Kashing’s sole discretion, are otherwise doubtful from a risk, complaint or reputational perspective. Kashing’s shall at its sole discretion decide whether the Merchant’s use of the Service shall be deemed attributable to any of the above products or services and therefore not in accordance with the Terms.

3.6 The Merchant shall not (i) apply a price threshold for accepting a Card, (ii) apply a higher price or additional fees for the use of a Card in connection with a payment transaction, (iii) make cash deductions during the payment transaction, (iv) carry out payment transactions in territories other than the United Kingdom and in currencies other than GBP, (v) discriminate between Cards for any reason, (vi) present for processing or credit, directly or indirectly, any payment transaction not originating from a payment transaction directly between the Merchant and a cardholder or any payment transaction that the Merchant knows or should have known to be fraudulent or not authorised by a cardholder, (vii) present for processing any payment transaction representing the refinancing of an existing obligation of a cardholder, (viii) require any cardholder to waive their right to dispute a payment transaction, (ix) require any cardholder to disclose his/her PIN at any point during a payment transaction, (x) where a cardholder uses a chip and PIN Card, print data referencing any cardholder's PIN on any receipt, or (xi) process one purchase of goods and/or services as several payment transactions.

3.7 The Merchant may not use the Service to carry out payment transactions with Cards belonging to the Merchant or registered in the Merchant’s name.

4. Registration

4.1. The Account and connection to the Service

4.1.1 In order to use the Service, the Merchant must create an Account. The Merchant is obliged to provide accurate and complete information when registering the Account. If such information changes, the Merchant agrees to promptly notify Kashing of such changes by updating its Account. If the Merchant does not provide Kashing with correct, complete and updated information, Kashing may not be able to provide the Service or otherwise fulfil the Agreement. The Merchant acknowledges that Kashing may also block the Merchant’s Account, refuse access to the Service and/or terminate the Agreement according to paragraph 22.2, if correct, complete and updated information has not been provided by the Merchant.

4.1.2 In order to verify that the Merchant is the holder of the bank account referred to in paragraph 8.1, Kashing has the right to direct necessary questions to the relevant bank in relation thereto. The Merchant acknowledges and agrees that Kashing has such right and agrees to take all reasonable measures to assist Kashing in any such matter.

4.1.3 If the actions referred to in paragraph 4.1.2 reveal, or if it otherwise becomes known to Kashing, that the information concerning the bank account referred to in paragraph 8.1 in any aspect is incorrect or incomplete, Kashing reserves the right not to pay any monies to such bank account until the information has been corrected and completed by the Merchant and thereafter verified by Kashing (in accordance with paragraph 4.1.2). For the avoidance of doubt, regardless of whether such verification has been conducted or not, Kashing assumes no responsibility for any monies which, due to incorrect or incomplete information provided by the Merchant, has been paid to a bank account which does not belong to the Merchant.

4.1.4 When the Merchant has registered for the Service and approved the Terms, Kashing will undertake a verification of the Merchant’s identity and may require the Merchant to supply such documentation and other evidence as is reasonably requested by Kashing in order for Kashing to be able to carry out, and be satisfied that it has complied with, all necessary checks in accordance with the anti-money laundering and anti-terrorism financing regulations.

4.1.5 Kashing shall determine in its sole discretion whether the Merchant should be given access to the Service. Kashing shall only be bound by the Terms after it has decided to give the Merchant access to the Service.

4.1.6 Once verified, Kashing will assign a merchant category to the Merchant according to the business or activity carried on. This will also be used to determine certain thresholds, such as maximum transaction amount, and frequency of transactions that are regarded as typical for that type of business or activity. The Merchant will be notified of the relevant thresholds applicable to them and the Merchant will only be able to accept payment transactions up to defined limits (the “Merchant Transaction Limits”). The Merchant must promptly inform us of any material change to the business activity.

4.1.7 In the event that, in any one week, the Merchant reaches the Merchant Transaction Limits, the Merchant will not be able to accept any further card payments. Kashing will notify the Merchant prior to the Merchant Transaction Limits being reached. In exceptional circumstances and on a case by case basis, Kashing may, in our sole discretion, increase the Merchant Transaction Limits.

4.1.8 The technical requirements for the Merchant's mobile phone or tablet, as dictated by Kashing, are stated on the Website. It is not allowed to use the Service together with a mobile phone or tablet whose technological measures have been circumvented, e.g. by so-called root or jailbreak.

4.1.9 The Merchant’s ability to access the Service by mobile phone or tablet is dependent on services received by the Merchant from a third party. Such third parties may charge the Merchant for access to the Service (e.g. for access to, and transfer of data on, the Internet). The Merchant shall be solely responsible for payment of such fees. The Merchant's use of the Service may also be subject to the terms of the Merchant’s agreement with its supplier of mobile telephone services.

4.1.10 The Merchant may cancel this Agreement in writing at any time within fourteen days, beginning on the day after the Agreement has been entered into according to these Terms. If the Merchant validly cancels this Agreement as above, Kashing will process any refund due to the Merchant within 30 days of the day on which the Merchant gave Kashing notice of cancellation. In this case, Kashing will refund any amount paid in relation to the Services in full. Kashing will usually refund any money received from the Merchant using the same method originally used by the Merchant to pay for the Service. Kashing will, however, not be obliged to refund to the Merchant any fee paid for any transactions effected using the Service before cancellation.

4.2 Password requirements and protection of login data etc.

4.2.1 The Merchant shall follow Kashing’s procedures and safety instructions, as may be amended or updated from time to time, with regard to the Merchant’s password and other login information, which can be found on the Website.

4.2.2 It is the Merchant’s responsibility to ensure that the Merchant’s account number, password and other login information for the Service ("Account Information"), are kept secure and that such information shall not be disclosed to others. The Merchant agrees to keep Account Information secure so that the Service remains inaccessible to unauthorised persons. The Account Information is personal and must not be transferred or used by anyone other than the Merchant.

4.2.3 Kashing assumes that the Merchant is the sender of payment orders and other instructions when sent using the Merchant’s login information and password. The Merchant must therefore immediately either inform Kashing promptly through the Website or change the login information, if there is reason to believe that an unauthorised person has had access to, or knowledge of such information.

4.2.4 Kashing does not warrant that the Services will be compatible with the Merchant’s mobile device or third party carrier.

5. The Chip&PIN and Application

5.1 Installation of The Chip&PIN and the Application

5.1.1 To install The Chip&PIN and the Application the Merchant should follow the instructions described in the Download and Installation Manual available on Kashing Website

5.1.2 Kashing will sell the Merchant a suitable Chip&PIN at a purchase price determined by us from time to time or as published on our website.

5.1.3 The Merchant is not allowed to sell, rent, license or transfer the Chip&PIN to a third party or allow use of the Chip&PIN by a third party. The Merchant is also not allowed to modify the software or the hardware of the Card Reader in any way. The Merchant must not use the Card Reader for any purpose other than effecting payment transactions through the installed version of the Application.

5.2.4 At Kashing’s request, the Merchant must return the Chip&PIN to Kashing, either upon termination or expiry of this Agreement or to replace an existing Chip&PIN. If the Merchant terminates the Agreement, the Merchant must return the Chip&PIN at their own cost. If the Merchant has purchased the Chip&PIN, the Merchant is obliged to transfer ownership back to us.

5.1.5 Kashing will refund the purchase price of the Chip&PIN if required by law or a refund agreed. Kashing may charge a handling fee for processing returns of Card Readers or refunding the purchase price (see our refund policy). If the Chip&PIN is returned in used condition, Kashing may refuse to refund the purchase price.

6. The Merchant’s obligations regarding the use of the Service

6.1 The Merchant shall inform Kashing of the addresses of all their offices and places of business, all trade names used, and a complete description of the products and services provided by the Merchant. If such information changes, the Merchant agrees to promptly notify Kashing of such changes by updating the Merchant’s Account. If any information is inaccurate or incomplete, Kashing has the right to terminate the Account and cancel the Merchant’s access to the Service.

6.2 The Merchant shall at all times comply with applicable law and shall, upon Kashing’s request, provide such reasonable assistance which is necessary in order for Kashing to comply with applicable law, rules issued by Kashing’s designated bank or the Networks and other obligations imposed on Kashing. The Merchant further agrees to abide by any guidelines related to the Service provided by Kashing from time to time.

6.3 The Merchant shall indemnify Kashing from any and all claims raised by a third party against Kashing resulting from the Merchant’s use of the Service in breach of the Terms, applicable laws or regulations, or the rules issued or otherwise applied by Kashing’s designated bank or the Networks.

6.4 The Merchant shall immediately notify Kashing of any insolvency proceeding, receivership, bankruptcy, examination or similar action or proceeding initiated against the Merchant or any owner of the Merchant. The Merchant shall also immediately notify Kashing if the Merchant becomes aware of any violation of law related to this Agreement or the Service.

6.5 The Merchant warrants that all payment transactions are bona fide.

7. License

7.1 Kashing grants to the Merchant a non-exclusive, non-transferable licence to use the Application and the right to use any other of Kashing’s software and Internet-based services required to use the Service. Kashing grants the Merchant the right to download and install updates to the Service as made available to the Merchant by Kashing from time to time.

7.2 The Merchant shall not (i) assign, sub-licence, copy, publish or distribute the Service, (ii) allow third parties to use the Service, (iii) assign the rights that the Merchant has acquired under the Terms, or (iv) circumvent any of the technical limitations of the Service, or decompile or otherwise reconstruct the Service save only to the extent and circumstances permitted by mandatory law.

8. Account

8.1 Funds credited to the Merchant shall be paid out to a bank account designated by the Merchant in accordance with paragraph 18 below.

8.2 Funds that Kashing has received on behalf of the Merchant in respect of the moneys credited to the Merchant’s Account may be mixed together with the funds so held for other Merchants and may be held in one or more client accounts in a bank or banks selected for this purpose by Kashing.

9. Dormant accounts

9.1 If there has been no activity on a Merchant’s Account for at least two consecutive years and a balance is held on the Client Accounts for the Merchant, Kashing will notify the Merchant of this by email to the email address registered by the Merchant and/or through the Application and give the Merchant an opportunity to keep the Account active or to close it and request the withdrawal of any outstanding balance that is held on the Client Accounts. If the Merchant’s response is not received by Kashing within thirty days from the date of dispatch, Kashing will automatically close the Account and the Merchant’s funds will be subject to the applicable law and to the extent so permitted shall accrue to Kashing.

10. Payment terms

10.1 Use of the Service is subject to certain fees as listed on the Website as updated on the Website, by email and/or post from time to time. The Services are as payment services exempt from VAT. Kashing has the right to amend fees in accordance with paragraph 27 below.

10.2 Kashing is entitled to set off the outstanding balance on the Merchant’s Account against any claims that Kashing may have against the Merchant subject to this Agreement.

10.3 All fees shall be charged to the Merchant in conjunction with the transfer of the amount from Kashing’s Client Accounts to the Merchant’s bank account, in accordance with paragraph 18 below.

11. Exchange rates

11.1 From time to time applicable exchange rates for payments made in currencies other than GBP shall be listed on the Website. The Merchant shall, before each payment transaction is completed inform the customer that a currency conversion will occur and of the applicable exchange rate.

12. Provision of the Service

12.1 Kashing shall use its reasonable endeavours to provide the Service 24 hours a day, seven days a week. Kashing does not however warrant that the Service shall be free from errors or interruptions during this time.

12.2 From time to time Kashing will perform maintenance and upgrades of the Service, which may result in interruptions, delays or errors in the Service. Kashing shall try to communicate any planned maintenance in advance, but cannot guarantee that such notification will always be provided. In addition, the Service may contain errors or "bugs" that may lead to interruptions and errors. The Merchant understands this and accepts that Kashing may contact the Merchant in order to help the Merchant with the Service and also to request information needed to identify and remedy such errors.

12.3 The Merchant’s access to the Service is dependent on third-party services (such as mobile telephony services). The Merchant accepts that Kashing shall have no responsibility for the performance of such third-party services.

13. Complaints and the obligation to notify unauthorised transactions

13.1 If the Merchant (i) wishes to identify errors in the Service for the basis of a complaint or (ii) considers that a mistake has been made or that there has been an unauthorised transaction related to the Merchant’s Account, the Merchant must notify Kashing of such complaint or transaction without delay after the Merchant has discovered, or should have discovered the error or transaction, by contacting Kashing through the Website

14. Kashing’s liability for the Service

14.1 Kashing is liable, subject to the limitations set out in paragraph 15 below, to ensure that the payment transactions carried out through the Service are executed properly, that payment orders initiated using the Service are properly transferred to the cardholder’s payment services provider and that funds credited to the Merchant are paid to the Merchant as further described in paragraph 18, unless otherwise as set out in this Agreement. If a payment transaction is not executed properly or executed at all, Kashing shall, upon request from the Merchant, use reasonable endeavours to trace the payment transaction and notify the Merchant of the result.

14.2 Kashing is furthermore liable for fees and/or interest, which if the Merchant is a consumer, must pay due to a payment transaction not having been executed properly or executed at all, provided that such event is a result of Kashing’s fault. If the Merchant is not a consumer, Kashing shall have no such liability.

14.3 Kashing shall not be liable for (i) any other deficiencies or errors in or under the performance of the Service (including those set out in paragraph 12.1), (ii) ensuring that the Service is available at all times to carry out payment transactions, or (iii) unauthorised access to or use of Account Information stored on Kashing’s servers, unless otherwise provided as a matter of mandatory law.

14.4 In the event Kashing becomes aware that an unauthorised person has, or has had, access to Account Information stored on Kashing's servers, Kashing shall inform the affected Merchant of this and, to the extent possible, provide details of what information has been disclosed.

15. Disclaimer

15.1 Subject always to paragraph 15.2, Kashing is not, under any circumstances, liable for indirect damages, loss of profit, loss of data or any other losses resulting from the use or non-use of the Service.15.2 Notwithstanding paragraph 15.1, Kashing shall be liable for death or personal injury caused by Kashing, damages incurred by the Merchant due to Kashing’s intent or gross negligence, fraud or fraudulent misrepresentation, losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability or any other matter for which it would be illegal or unlawful for Kashing to exclude or attempt to exclude liability.

15.2 Still subject to the above, Kashing shall only be liable for damages due to Kashing’s own fault and assumes no liability for any acts or omissions by any third parties. Furthermore, Kashing shall in no event be liable for any damages or loss incurred by the Merchant as a result of Kashing’s obligation to comply with applicable law, any act or omission of any governmental authority, act of war, accident, natural disaster, strike, blockade, or other similar event, regardless of if Kashing is an instigator or subject of such event.

16. Processing payment transactions

16.1. Accepting payments from credit cards etc.

16.1.1 As part of the Service, payment transactions can only be carried out with the Cards specified on the Website. The range of Cards that are accepted can be changed at any time and without prior notice. The Merchant shall accept all Cards specified on the Website for any of the full range of goods and/or services that it supplies.

16.1.2 If any Card is not equipped with an EMV chip (so-called EMV chip technology), the Merchant may, depending on the functionality of the device used by the Merchant for the Service, have to enter the required information relating to the Card manually.

16.2 Verifications in connection with a payment transaction

16.2.1 When using the Services for a transaction and provided that the Payment Card presented to the Merchant supports PIN, the Merchant must first ensure that the PIN is entered for verification purposes. 

16.2.2 When using the Services for a transaction requiring a signature, the Merchant shall compare the cardholder’s signature on the signature receipt with the signature on the Card and, where appropriate, on the form of identification produced by the cardholder. In cases of doubt in this regard, the Card shall not be accepted as a means of payment.

16.2.3 In addition, the Merchant shall, by visual inspection ensure that (i) the Card has not expired, (ii) the account number embossed on the Card matches the account number appearing on the Card’s reverse side, (iii) the Card bears the signature of the cardholder and that such signature matches any signature made by the cardholder on the screen of the device used for the Service, (iv) the Card does not bear traces of modifications or otherwise look tampered with, (v) the Card information such as gender of the cardholder name is consistent with the Merchant’s observation, and that (vi), when identification card/document is presented, the name embossed on the Card is the same as on the cardholders identification card/document. In cases of doubt in the above regard, the Card shall not be accepted as means of payment.

16.3 Approval of the payment transaction

16.3.1 The Merchant must ensure that the cardholder accepts the payment transaction and that the amount is deducted from the cardholder's account by signing the electronic signature receipt with his/her name at the specified place in the Application, unless the Application prompts the use of PIN.

16.3.2 When processing transactions, the Merchant must submit the full amount of the invoiced goods/service as one transaction. If the transaction is declined, the Merchant cannot split the transaction into smaller amounts. Please note that the card issuer retains the right to issue a chargeback if the Merchant splits a transaction. Splitting transactions can result in the Merchant’s funds being withheld and the merchant account terminated.

16.4 Receipts

16.4.1 The Merchant shall upon request from a cardholder provide such cardholder with a written receipt concerning a performed payment transaction.

16.5. Confirmations of transactions

16.5.1 When a payment is made to the Merchant’s Kashing account, Kashing will update the account history and send a notification confirming that the payment transaction has taken place and setting out the details of the transaction:

  • a reference number to identify payment transactions made during the relevant month and, where appropriate, the customer and information transferred with the payment transaction;

  • the amount of the payment transactions made during the relevant month, shown in the currency in which your account is denominated;

  • the amount and breakdown of the transaction charges in respect of the transactions made during the relevant month; and

  • the credit value date.

17. Refunds to cardholders

17.1 The Merchant should only process a refund where:

  • the total transaction amount is being refunded (i.e. The Merchant cannot refund partial transaction amounts);

  • the refund is initiated within 21 days from the date of the transaction to which the refund relates; and

  • the card used by the cardholder to make the transaction is still valid.

17.2 The Merchant shall (i) maintain fair rules for the return and cancellation of products or services and regulation of Card payments, (ii) hand out the Merchant’s rules on returns and cancellations to the customers at the time of purchase, (iii) not reimburse a customer with cash and (iv) not accept cash incentives or other consideration to facilitate a reimbursement.

17.3 If the Merchant agrees to replace a product and the replacement gives rise to a difference in purchase price, the Merchant must reimburse the total amount for the returned products and register a new purchase for the new products.

17.4 To process a refund the Merchant must select the relevant transaction to be refunded in the transaction history, which is accessible through the transaction history tab on the Kashing application. After selecting the relevant transaction, press the refund button. This action will constitute consent to the transaction being refunded. This action cannot be revoked if a refund has been received by Kashing.

17.5 The refund will be received by the recipient’s payment service provider (e.g. the card issuer) after three business day after Kashing received the refund order. By “business day” Kashing means normal business hours on any day between Monday and Friday (inclusive) but not including bank holidays or other public holidays in the UK. Authorisations not received on a business day will be deemed to have been received on the next business day.

18. Payments to the Merchant’s bank account

18.1 The Merchant must at all times maintain a bank account into which Kashing can pay funds for successfully processed transactions (“Settlement Account”). The Merchant must inform Kashing immediately of any changes or closure of the Settlement Account no later than 7 business days prior to the change and the Merchant is solely responsible for the proper operation and maintenance of the Settlement Account in the event of any changes. Changes to the Settlement Account will require Kashing to re-perform the verification and identification process. Should the verification process fail, Kashing has the right to terminate the agreement. The Merchant shall indemnify Kashing against all losses arising out of failure to do so. The Merchant are solely responsible for the operation of Settlement Account and the payment of any fees associated with Settlement Account.

18.2 If required by Kashing, the Merchant must provide Kashing a direct debit mandate over the Settlement Account for debiting amounts owed by the Merchant to Kashing.

18.3 Funds credited to the Merchant for a payment transaction will not be paid to the Merchant’s bank account until the transaction is deemed completed. A payment transaction will, for the purpose hereof, be deemed completed when Kashing has received the funds on the Client Accounts. Once Kashing has verified the Merchant’s bank account, Kashing will automatically initiate a payment to the Merchant’s bank account on the business day immediately following the business day on which Kashing has received the funds on the Client Accounts, unless otherwise as set out in this Agreement. Depending on the type of card reader used, whether the Card information has been retrieved through the use of a card reader or entered manually and whether the Merchant's customer has approved the payment transaction by signature or pin, payments to the Merchant’s bank account will vary according to the timeframes and limits communicated to the Merchant from time to time. Information regarding the applicable timeframes and limits can be found through the Application or on the Website. Through the Application, the Merchant will be informed of initiated payments to the Merchant’s bank account.

18.4 Kashing reserves the right to withhold funds received and credited to the Merchant to the extent necessary for Kashing to complete any on-going investigation or to resolve an on-going dispute or if required by law or by court order or otherwise requested by an applicable law enforcement authority or other governmental entity.

19. Chargebacks and disputed transactions

19.1 Within certain time limits determined by law, transactions may be reversed through a process called chargeback (“Chargeback”) if such transaction:

  • is disputed in any way (including in relation to the non-supply of the goods or services supplied or their failure to meet required standards),

  • for any reason is reversed by the relevant Network, designated bank, the cardholder or the card issuer,

  • is not authorised or Kashing have reason to believe that the transaction is not authorised, or

  • is alleged to be illegal, questionable or in violation of the Terms or rules from the designated bank or the Networks. The Merchant shall not resubmit or reprocess any payment transaction that has been the subject of a Chargeback.

19.2 For each transaction which Kashing receives a Chargeback request, Kashing has the right to deduct the amount of the Chargeback and any associated fees, fines, or penalties from:

  • any settlement proceeds due to the Merchant, and/or

  • any reserve Kashing hold, and/or

  • Settlement Account.

19.3 If there are insufficient funds held for the Merchant in the Client Accounts to cover any Chargeback, the Merchant shall immediately reimburse Kashing for the amount of the Chargeback (including Kashing’s expenses associated with the Chargeback).

19.4 If Kashing consider that Chargebacks related to the Merchant’s Account are too frequent, Kashing reserves the right to conduct inspections or impose conditions to govern the Account and the Service, including establishing new fees for the processing of transactions, asking for a reasonable reserve amount to cover future potential Chargebacks and related fees or fines, limiting the right of the Merchant to claim monies held for it from the Client Accounts and terminating the Agreement and terminating the Service.

19.5 If Kashing considers, in reasonable discretion, that a transaction may be subject to a Chargeback, Kashing may withhold the amount of such potential Chargeback (including any associated fees or fines) until Kashing can reasonably assess if such Chargeback will occur or not. If Kashing assess that a Chargeback is based on a justified complaint from one of the Merchant’s customers, Kashing will retain the funds. If the period of time under which a customer may dispute a transaction according to applicable law has expired, or if Kashing determine that a Chargeback on the transaction will not occur, we will release the funds for regular settlement.

19.6 Where Kashing have reason to believe that any transaction processed through our Services was fraudulent, Kashing may suspend the Services until such time as the situation has been resolved to satisfaction.

19.7 The Merchant agrees, at Kashing’s request, to provide reasonable assistance in relation to any disputed payment transactions, including the verification of any transactions carried out through the Service. Kashing may also request necessary information from the Merchant in order to dispute the Chargebacks.

19.8 The Merchant hereby indemnifies Kashing for any and all costs, losses and liability which it may incur as a result of any claims made against it arising from provision of the Service, including, but not limited to, any claims relating to defects in the products or services purchased with Cards processed by Kashing.

20. Card and data security standards

20.1 The Merchant shall handle Card information in accordance with the standards and guidelines that are issued by Payment Card Industry Security Standards Council (PCI Council) whose data security standards and policies (the  “PCI Standards”) can be found at PCI Security Standards Website

20.2 It is the Merchant’s responsibility and obligation by accepting Payment Cards to determine which PCI Standards are applicable to their business. Based on the information Kashing holds on the Merchant, Kashing may recommend that the Merchant take certain actions in order to become compliant with relevant PCI Standards, however, recommendations shall not constitute legal or compliance advice and Kashing shall not be liable to the Merchant for the accuracy of any recommendations given.

20.3 Upon request, the Merchant must demonstrate how it complies with applicable PCI Standards and must provide sufficient documentary, organisational or technological evidence of your compliance, including but not limited to a completion of a PCI assessment or self-assessment questionnaire. The Merchant must at all times adhere to any instruction given by Kashing with regards to compliance with PCI Standards.

20.4 For the business typically undertaken by our merchants there are currently no direct fees associated with the certification of compliance with PCI Standards, however, this may not apply to the Merchant’s particular circumstances and the Merchant should carefully check the applicable PCI Standards and associated certification procedures. Kashing also cannot guarantee that any currently free certification procedure will remain free of charge. The cost of compliance with applicable PCI Standards and any associated fees shall be borne by the Merchant.

20.5 Further to the privacy policy, the Merchant acknowledges and agrees that Kashing may disclose any information provided to Kashing or its designated bank to the Networks, for the purpose of determining the identity of an individual, including cardholders, in accordance with the rules issued by the Networks and as permitted by applicable law.

21. Feedback on the Service

21.1 The Merchant can submit feedback or ideas about the Service online selecting from a drop box menu or directly to Kashing’s Customer Service Centre. Kashing is not required to implement such feedback and ideas. The Merchant has no right to compensation for the feedback and ideas presented, but Kashing may freely use them and assimilate all rights pertaining to these.

22. Term and termination

22.1 The Agreement is in force until further notice. The Merchant may at any time terminate the Agreement and terminate the Merchant’s Account with immediate effect by informing Kashing through the Website. Kashing has the right to terminate the Agreement subject to a notice period of two months, subject to paragraph 22.2.

22.2 Kashing have the right to block the Merchant’s Account, refuse the Merchant access to the Service and/or terminate the Agreement immediately if (i) it comes to Kashing’s attention or Kashing otherwise has reasonable grounds to believe, that the Merchant uses or will use the Service in violation of the Terms or any applicable law or regulation or the rules of Kashing’s designated bank or the Networks, (ii) information relating to technical or administrative routines for data security has been revealed so that there are reasonable grounds to believe that the Merchant’s Account will be abused, (iii) there are other reasonable grounds to believe that the Merchant’s Account has been abused or will be abused, (iv) the Merchant withdraws its consent to the processing of Personal Data, (v) if a personal guarantee is not issued upon Kashing’s request and in accordance with paragraph 30.1, (vi) if the Merchant’s annual card transaction volume on MasterCard and VISA branded Cards exceeds the equivalent of 100,000 USD for MasterCard or 100,000 USD for Visa or 150,000 USD for both MasterCard and VISA (or equivalent amount in the currency in which your account is denominated) (vii) if the Merchant fails to provide correct, complete and up-to-date information in relation to the Account.

22.3 Upon expiration of the Agreement Kashing shall, unless otherwise set out in these Terms, account for any funds kept separate on behalf of the Merchant after the deduction of any potential fees. Upon expiration, the Merchant shall no longer be entitled to use the Service and the licence granted shall expire.

23. Charges and Fees

23.1 In consideration of Kashing’s provision of the Services to the Merchant, the Merchant agrees to pay the fees set out in the Pricing Schedule available on Kashing’s website

23.2 Kashing will send the Merchant electronic invoices for any fees charged. By entering into this Agreement, the Merchant consents to that Kashing may send electronic invoices. Kashing will not send paper invoices.

23.3 Kashing reserves the right to amend the Pricing Schedule. The Merchant will be notified of such amendments no later than two months before the date upon which the amendments are to take effect. The changes will be notified to the Merchant through a message within the Kashing Application. Should the Merchant not wish to accept any such change to the terms, the Merchant is entitled to terminate the Agreement. To continue the use of the Services following notification of the changes shall be deemed to be an acknowledgement of acceptance of the amended fees.

23.4 All fees stated on the website are exclusive of VAT. If VAT is or becomes chargeable in respect of all or any of the amounts payable to us under this Agreement agreed that the Merchant will, upon receipt of a valid VAT invoice, pay to Kashing VAT at the applicable rate in respect of the relevant supply of goods or services by Kashing.

24. Notices and information

24.1 Written notices from Kashing to the Merchant will be in English and sent by email to the email address specified by the Merchant or through the Application. A notice that has been sent to the Merchant in this manner shall be deemed to have been received by the Merchant no later than the following day.

25. Transfer

25.1 The Merchant shall not transfer any rights or obligations in connection with the Service or the Merchant’s Account to a third party without Kashing’s written consent. Kashing has the right to fully or partially transfer Kashing’s rights under the Agreement to another party without the consent of the Merchant.

26. Additions and amendments

26.1 Kashing has the right, from time to time, to make additions and amendments to the Terms. Such amendments will be in English. If the Merchant does not accept the amendments or additions so advised to it, the Merchant is entitled to terminate the Terms as set out in paragraph 22. If the Merchant has not informed Kashing that the Merchant does not accept proposed amendments or additions before the date of their entry into force, the Merchant is deemed to have accepted them. For the avoidance of doubt, if the Merchant is not a consumer, amendments or additions shall enter into force immediately.

26.2 Kashing shall always have the right to immediately adopt amendments (including price changes) required by law, regulation or authority decision or by regulations and rules issued by Kashing’s designated bank or the Networks.

27. Disputes and conflicts

27.1 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) are governed by English law.

27.2 Kashing Limited is a small payment institution registered by the Financial Conduct Authority of the United Kingdom (the “FCA”) with FCA License number 630463. The address of the FCA is: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom. They can be reached by telephone on (+44) 20 7066 1000 or via its website at www.fca.org.uk.

27.3 In case a dispute or complaint cannot be resolved satisfactory, the Merchant may bring a complaint before the UK Financial Ombudsman Service. The Merchant may contact the Financial Ombudsman Service by writing to The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR, United Kingdom or by calling 0800 023 4567 (from the UK) or +44 20 7964 0500 (international). Information can also be found on their website at www.financial-ombudsman.org.uk.

28. Entire Agreement

28.1 This Agreement constitutes the entire agreement between the parties in relation to its subject matter. It replaces and extinguishes all prior agreements, draft agreements, arrangements, collateral warranties, collateral contracts, statements, assurances, representations and undertakings of any nature made by or on behalf of the parties, whether oral or written, in relation to that subject matter.

28.2 Each party acknowledges that in entering into this Agreement it has not relied upon any oral or written statements, collateral or other warranties, assurances, representations or undertakings which were made by or on behalf of the other party in relation to the subject-matter of this Agreement at any time before its signature (together “Pre-Contractual Statements”), other than those which are set out in this Agreement.

28.3 Each party hereby waives all rights and remedies which might otherwise be available to it in relation to such Pre-Contractual Statements.

28.4 Nothing in this paragraph shall exclude or restrict the liability of either party arising out of its pre-contract fraudulent misrepresentation or fraudulent concealment.

29. Third party websites

29.1 The Website may contain links or directions to websites which are not operated by Kashing. Kashing does not control and assumes no responsibility for any content of such websites. The Merchant is fully responsible for its use of such websites and is therefore advised to carefully read any terms and conditions and policies concerning data protection and secrecy which may be applicable.

30. Third Party Rights

30.1 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

Privacy Policy

Last Updated: 10/06/2017

1.1 Kashing is committed to protect and respect the privacy of any individual whose personal data they process as part of using their products and services. The below describes what personal data Kashing processes and for what purposes. Kashing’s website and services may from time to time contain links to third party websites that are not controlled by them. When visiting such websites or use such services, please be aware that this Privacy Policy does not apply for such third parties’ processing, thus Kashing encourages you to carefully review how such third parties process personal data before using their websites or services. Your continued use of their Website or Services will signify your acceptance of this Policy.

1.2 Kashing collects Personal Data from their Merchants and their Merchant’s customers (“Cardholders”) in order to enable them to provide Services. Broadly speaking, Kashing collects information in three ways:

  • when you provide it directly to them,

  • when Kashing obtains verification information about you or your company through trusted third parties (e.g. banks, credit bureaus,), and

  • passively through technology such as “cookies” (described below in Section (“Cookies”).

The types of Personal Data that Kashing collects and their use of that Personal Data will depend on whether you are a Cardholder or a Merchant:

Cardholder

Payment enables Merchants and Kashing to collect payment information from the Cardholder for various payment methods. When you use a Merchant’s website to make a purchase, the Merchant will collect your Personal Data and provide it to Kashing. This Personal Data includes your payment card information, your email address, your mobile phone number, and billing and shipping address, and can include location data and system information. We will use this Personal Data as part of the payment processing process. When you use Kashing facilities on a Merchant’s website to store your payment credentials, Kashing will use the Personal Data disclosed to them by the Merchant to complete purchases that you choose to make on other websites or applications that also use Kashing, but only with your permission. Cardholders can view Privacy Policy when accepting Kashing’s Terms and Conditions at payment stage and provide consent that their Personal Data be remembered.

Merchants

To gain full access to Kashing’s services, Merchants must register for a Kashing account. By registering for an account, Kashing collects the Personal Data the Merchant provides, such as the following: Name, company name, location, email address, phone number, and account password, to set up an account Business and personal tax, or other government-issued identification numbers, as well as date of birth, to verify an identity for underwriting purposes Bank account information, to settle funds for transactions IP addresses, devices, and locations used to access Kashing, which will be linked to the account for fraud detection/prevention purposes

1.3 Kashing process personal data obtained through the registration for their services and through contact with Kashing, their affiliates or third parties acting on their behalf, and when you participate in competitions, surveys, polls or similar, and otherwise through your use of their websites and services. Examples of personal data that Kashing may process are your name, date of birth, home address, e-mail address, IP-address, unique identifier of devices you use to access and use the services and their websites, bank account details and transaction history information (including localisation data).

1.4 Kashing always processes personal data in accordance with applicable law, and has implemented security measures to prevent that personal data is used for non-legit purposes or disclosed to unauthorised third parties.

Kashing processes your personal data to provide our services, to fulfil relevant agreements with you and to otherwise administrate our business relationship with you. The personal data is further processed to provide you with news, information and marketing concerning our, and other similar, services. Kashing may also use the personal data to improve and develop their website and services.

In addition to the above, Kashing may process personal data for legit credit evaluation and risk management purposes, to prevent abuse of our services and violation of relevant terms and conditions, and to fulfil our obligations under law and rules issued by our designated banks and relevant card networks.

Kashing may share your personal data with their affiliates and third parties for the purposes described above, including to parties located outside the EU/EEA. Kashing’s designated banks and relevant card networks may also come to process your personal data for their own fraud prevention and risk management. Selected service providers, such as certain credit bureaus, may also come to process your personal data to enhance and develop their own services.

1.5 The data that Kashing collects from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for them or for one of their suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. Kashing will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Where Kashing has given you (or where you have chosen) a password or access code which enables you to access certain parts of their site, you are responsible for keeping this password confidential. Please do not to share a password with anyone, and you authorise Kashing to act upon instructions and information from any person that enters your user id or password.

Unfortunately, the transmission of information via the internet is not completely secure. Although Kashing will do their best to protect your personal data, they cannot guarantee the security of your data transmitted to their site; any transmission is at your own risk. Once Kashing has received your information, Kashing will use strict procedures and security features to try to prevent unauthorised access.

1.6 By registering for and/or by using any of the Services, you consent to the processing described in this Privacy Policy, including any transfer of your personal data to countries outside the EU/EEA and to receive marketing material electronically from Kashing and their affiliates and partners. You may at any time choose to withdraw your consent to receive marketing material from Kashing.

Kashing will rectify and update your personal data upon your request and also if certain data is no longer correct.

If you would like to rectify or update certain personal data, or withdraw your consent to receive further marketing material from Kashing, please contact Kashing at wecare@kashing.co.uk. In order for Kashing to control up-to-date and accurate personal data, you have the right to, free of charge and once per year, obtain an extract of the personal data that Kashing process about you. Such request must be undersigned by you personally and sent by regular mail to the address below: Kashing Limited, Wimbledon Methodist Church – The HUB, Griffiths Road, Wimbledon, United Kingdom SW191SP.

1.7 Kashing’s website uses “cookies” and other technologies, which store small amounts of information on your computer or device, to allow certain information from your web browser to be collected. Cookies are widely used on the internet and allow a website/portal to recognise a user’s device, without uniquely identifying the individual person using the computer. These technologies help to make it easier for you to log on and use the site, provide feedback to us as to which parts of the website you visit, so we can assess the effectiveness of the site and provide a better user experience or to serve Kashing adverts to you whilst browsing other sites.

You may be able to configure your browser not to accept cookies, although please bear in mind that this may affect your ability to use the services we provide. You may also consider visiting aboutcookies.org, which provides helpful information about cookies.

1.8 Personal Data that Kashing collects and use for any purpose shall not be retained for longer than is necessary. This includes the Personal Data of the Cardholder. Kashing has a variety of obligations to retain the data that you provide, both to ensure that transactions can be appropriately processed, settled, refunded or charged back, to identify fraud, and also to comply with laws applicable to them and to their banking providers and credit card processors. Accordingly, even if you close your Kashing account, Kashing will retain certain information as necessary to meet their obligations. However, the Merchant’s account in Kashing’s database will be identified as “inactive” or “closed”.

1.9 Any changes Kashing may make to their privacy policy in the future will be posted on this page and, where appropriate, notified the Merchant by e-mail. Please check back frequently to see any updates or changes to their privacy notice.

Cardholder Terms and Conditions

Last Updated: 10/06/2017

These Cardholder Terms of Service are a legal agreement between Kashing Ltd. (“Kashing,” “we” or “us”) and you, the user of the Kashing’s service (“you”). By using Kashing’s service, you agree to be bound by these terms and conditions.

1. Accepting Booking conditions

By making a payment through Kashing gateway, you accept and agree that Kashing will be the beneficiary of the transaction on behalf of the merchant. You also agree to the relevant Merchant’s booking conditions, including cancellation, damages and no-show policies applicable to that booking, and to any additional (delivery) terms and conditions of the Merchant that may apply to your reservation or during your stay, including for services rendered and/or products offered by the Merchant (the delivery terms and conditions of a Merchant can be obtained with the relevant Merchant). The general cancellation, damages and no-show policy of each Merchant is made available on the Merchant website under “Booking Conditions”, “Cancellation Policies” or the like, and in the confirmation email. Please note that you may be charged for your cancellation in accordance with the Merchant’s cancellation and no-show policy, in some cases for the entire stay or the first night. We recommend that you read the cancellation and no-show policy of the Merchant carefully prior to making your reservation. If you fail to check in to your Merchant on time on the day of your reservation and do not alert the Merchant, the remaining portion of your reservation may be cancelled and you may not be entitled to a refund, depending on the terms and conditions of the applicable Merchant. Regardless of the Merchant’s cancellation policy, Kashing reserves the right to charge a cancellation fee. Please carefully check the Merchant details thoroughly for any such conditions prior to making your reservation. Some Merchants will charge extra for early or late check-outs..

If you wish to review, adjust or cancel your reservation, please revert to the confirmation email or contact Kashing via our email address - wecare@kashing.co.uk.

Damages: You are responsible for and agree to reimburse the Merchant all costs incurred as a result of any breakage or damage in or to the property which is caused by you or any members of your party or any other persons invited into the property by you. The Merchant can ask for an extra payment from you to cover any such costs without permission.

The Merchant expects the accommodation to be left in a reasonable state on departure. If in the Merchant’s opinion, additional cleaning is required, you will be liable to the owner for the cost of this cleaning.

You may need to check and sign an inventory of the property and its contents on arrival at the property. If you discover that anything is missing or damaged on arrival please notify the Merchant immediately.

Special Needs: If you have special needs (e.g., wheelchair accessible room) you must contact the Merchant and verify that special needs can be met. Please note that all special requests are subject to availability and cannot be guaranteed by Kashing. Depending on the policy of the applicable Merchant, your reservation will be refunded, cancelled or modified if special needs cannot be met. If available, your request will be confirmed upon arrival.

2. Accepting Kashing’s payment condition

For pre-paid bookings through Kashing as the agent and benefactor, your card will be charged by Kashing for the full price (sometimes without any option for refund depending on the Merchant’s booking conditions upon reservation and confirmation of the booking or, in case of a pre-authorisation booking or indicated availability booking, at the future point in time communicated in the confirmation email. When using pre-authorisation booking or indicated availability, please ensure that the card is valid and has sufficient credit on the future payment date. If the card cannot be charged on such date for whatever reason, the booking will be cancelled unless you can ensure that the card payment can be authorised on time. Please check the reservation details thoroughly for any such conditions prior to making your reservation. Kashing will process refunds, if and when applicable, within a reasonable timeframe. For certain Merchants, we will not charge your card, as you will pay the Merchant directly for your stay (post-paid). However, in such cases some Merchants may pre-authorise your card, charge a deposit or charge the full price of the reservation up-front. Merchants may require card details in order to guarantee your reservation. As such, we will send your card information directly to the Merchant at which your booking is made and we may verify (i.e. pre-authorise) your card as well. In order to safeguard and encrypt your card information when in transit to us, we use the "Secure Socket Layer (SSL)" or industry accepted security technology for our services.

In the event of card fraud or unauthorised use of your card by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorised use. If you suspect an unauthorised or fraudulent booking was made via Kashing, please contact our Customer Service team immediately.

In order to make a booking you must be over 18 years old (or the age of majority in those countries and territories where it is higher than 18) and have the full legal capacity to make the transaction (or have the authorisation from your legal guardian). You undertake that the credit or debit card you are using is your own or that you are authorised to complete the booking with this card and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account.

You undertake that the details you provide us with in making a booking are fully correct. Kashing reserves the right not to accept certain cards. Kashing may add or remove other payment methods at its discretion. For increased convenience, Kashing now also offers the option to have your card details securely stored on file. For more details, have a look at our Privacy Policy.

We have stringent fraud detection and prevention mechanisms in place. In certain cases, we may require additional information or verifications to validate and confirm the booking, as explained in more detail under the section (“Using Kashing”). A small verification charge or pre-authorisation may also be made to your card when using indicated availability. The balance will be charged after confirmation or, in case of indicated availability, on the future payment date (see the comment above about the possibility of cancellation in case the card cannot be charged on that date for whatever reason). Reservations are not confirmed until you have received a confirmation mail and it is possible that a Merchant could become fully booked during the fraud check, in which case the reservation will no longer be available. Kashing can never be held liable in such cases. Additional information submitted will be treated in line with strict industry standards to protect privacy, using encryption for transmission and specialised agents for verification. If you choose not to submit the additional information or if we are not satisfied with the information received, the booking will not be completed and fully cancelled and any amounts charged (including the verification charge where applicable) will be refunded.

3. Using Kashing

When you check out on the website of a Merchant of which Kashing enables payment, your Personal Data will be automatically remembered and Kashing will store certain identifying information, such as your email address, physical address or your mobile phone number (“Kashing Credentials”), and your Payment Credentials. The advantage of remembering you is that it will make your checkout quicker and easier if you come back to the same website, or to any of the other websites that uses Kashing, this can be especially handy when you’re on a mobile device or don’t have your credit card in front of you.

By remembering you, Kashing will use cookies to link your web browser to your Kashing Credentials and recognise when you return to a websites that uses Kashing. Kashing will give you the ability to make purchases using your stored Payment Credentials. Kashing may also allow you to make a purchase with your Payment Credentials by sending a message directly from the email address stored as your Kashing Credentials.

4. Our Role

Although Kashing stores your Payment Credentials, it doesn’t change anything else about your relationship with the Merchant you’re paying or your bank or credit card company. You are ultimately responsible for the purchases you make using Kashing. Also, the Merchant is the one responsible for providing you the goods or services that you purchase using Kashing, not Kashing. Kashing will use our reasonable efforts to keep your Payment Credentials secure.

5. DISCLAIMERS

KASHING, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH KASHING CHECKOUT, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KASHING, ITS AFFILIATES, AND THEIR AGENTS, MERCHANTS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY KASHING, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH KASHING. EACH DISCLAIMING ENTITY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE DISCLAIMING ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS. THE DISCLAIMING ENTITIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT, OFFER, OR REWARD PROGRAM ITEM INFORMATION, INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS ACCURATE.

6. Limitations of Liability; Force Majeure

IN NO EVENT SHALL ANY DISCLAIMING ENTITY BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY OR THE SERVICES, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE DISCLAIMING ENTITIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO these Terms of Service EXCEED £10 British Pounds. Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Disclaiming Entity shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

7. Governing Law

This Agreement is concluded in English.

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) (a “Dispute”) will be governed by and construed in accordance with the laws of England and Wales.

Any Dispute shall be finally resolved by arbitration under the LCIA Rules by a sole arbitrator appointed in accordance with the said Rules. It is agreed that the seat of the arbitration shall be London and the language of the arbitration shall be English.

Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that we may have under trade secret, copyright, patent or other laws. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

8. Notice

Notices and other communications to you may be made by mail, email, postings on the Kashing Website or other reasonable means. We may also provide notices of changes to the Terms of Service or other matters by displaying links to notices on the Kashing Website. Notice to Kashing may be made to Kashing Ltd, Wimbledon Methodist Church – The HUB, Griffiths Road, Wimbledon, United Kingdom, SW19 1SP.

9. Modification of Terms of Service

We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of these Terms of Service at any time by posting notification here or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting 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 Kashing.

10. Assignment

You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

11. Data Protection

Your data may be transferred, processed and stored outside of EU member states and, as set forth in our Privacy Policy, may be subject to disclosure as required by applicable law.