Service Agent Terms & Conditions
USE OF THE CASH PAYMENT SERVICE
These Terms and Condition established the relationship between Kasssh Limited (“Company”or “Kasssh”) acting as an Merchant for the relevant E-Commerce Supplier to collect cash payments on behalf of the E-Commerce Suppler from their paying Customer as a Consumer.
Hereinafter, this document shall be referred to as “Agreement”
Kasssh Limited, registered number 12602530 and whose registered office is at Sipher Accounting and Tax, Regus House, Victory Way, Crossways, Dartford, DA2 6QD hereafter referred to as “Company” or “Kasssh”.
Any Consumer using the Cash Payment Services system (“Consumer “ or “You”)
Agreement – this agreement
Cash Payment Services – the services provided by Kasssh Limited for and on behalf on the E-Commerce Supplier as its Commercial Agent
Consumer – You and Consumer
E-Commerce Supplier – the person, or entity which You the Consumer has agreed, on their terms, to purchase goods or services from and agreed to make the payment for such goods or services through the Kasssh Limited system
Kasssh – a company registered in England and Wales with registered number 12602530 and whose registered office is at Sipher Accounting and Tax, Regus House, Victory Way, Crossways, Dartford, DA2 6QD hereafter referred to as “Company” or “Kasssh”
Kasssh Limited acts as the Commercial Agent for the E-Commerce Supplier where the Consumer wishes to pay for goods or services with cash.
These terms are displayed on the website www.kasssh.com , the Consumer is deemed to have read and agreed to them upon the payment of cash for the their chosen goods and services purchased through the E-Commerce company (“Supplier”) You may not use these services if you do not agree to these terms.
1.1 The primary purpose of this Agreement is for Kasssh to collect the cash payment from the Consumer on behalf of the E-Commerce Supplier, for whom Kasssh acts as a Commercial Agent.
1.2 This Agreement provides for the Consumer to pay for its chosen goods or services with cash, and Kasssh to act as the Commercial Agent for the collection of the cash on behalf of the
E-Commerce company supplying the goods or services from whom the Consumer has made a purchase.
1.3 Under this Agreement Kasssh and the Consumer do not becomes parties in any agreement.
1.4 Upon payment of the cash for the goods or services selected by the Consumer any dealing and interest between Kasssh and the consumer is then ended, subject to the terms of this Agreement.
2.1 Kasssh acts only as a Commercial Agent to the E-Commerce Supplier and are therefore, under the FCA regulations are considered exempt under the Commercial Agent Exemption ( https://www.fca.org.uk/commercial-agent-exclusion-cae )
2.2 The content and information contained in this Agreement is not intended and should not be construed by the Consumer as any contractual agreement between Kasssh Limited and any Consumer using the Cash Payment Services system provided by Kasssh Limited on behalf of the
E-Commerce Supplier the Consumer may use.
3 Refunds and Refund Vouchers
3.1 If the E-Commerce Supplier chooses to make any refund requested by the Consumer, through Kasssh, any such refunds will only be issued through the same email address as the initial cash and barcode was made.
3.2 Refunds will be issued in the following manner;-
3.2.1 In vouchers of a maximum value of £100
Example Refund of £205 = 2X £100 vouchers and 1X £5 voucher
3.3 Refund vouchers are valid for a period of three (3) months.
3.4 After the end of the three (3) month period the refund voucher will be re-issued with the charge of £1.00 per voucher handling fee deducted from the value of the refund. These re-issued vouchers are valid for a period of one (1) month.
3.5 Any unused re-issued vouchers re-issued, for a second time shall be re-issued for only one (1) further month period of validity and a handling fee of £5.00 per voucher shall be deduced from the final re-issued voucher, unless the value of the voucher is less than the re-issued valued less the handling fee and in those circumstances no voucher will be issued.
3.6 At this stage there shall be no further monies payable to the Consumer though any refund and the balance of the Consumers account shall be ‘NIL’.
3.7 Thereafter there shall be no further vouchers issued.
4. Intellectual Property Rights
4.1 Nothing in this agreement will be construed as a grant or assignment or grant of permission to use, any rights to any intellectual property owned by Kasssh, including, without limitation, any and all of its trademarks or service marks.
4.2 This document and the rights herein are not transferable or assignable to any other party and may only be used by the Consumer when they make the cash payment through the Kasssh Payment Services system.
5. Relationship and Responsibilities
5.1 Under no circumstance can this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture, contract or partnership between the Kasssh and/or its employees, agents, or assignees and the Consumer using the Cash Payment Services system provided on behalf of the E-Commerce Suppler.
5.2 The Consumer acknowledges and agrees that Kasssh has no responsibility or duty toward the Consumer for the goods and/or services supplied to them from the E-Commerce Supplier. All such responsibilities remain with the E-Commerce Suppler at all times.
5.3 Notwithstanding anything to the contrary in this document, Kasssh has no direct or indirect control nor ownership interests over the content goods or services, the manner of performances or services, the time or duration of provision of performances, or the services provided by the
E-Commerce Supplier from whom the Consumer has purchased any goods or services.
5.4 The Consumer and Kasssh’s relationship will be restricted to matters exclusively pertaining to this Agreement and will be governed entirely by this Agreement.
5.5 Kasssh has no control or ownership interests of any kind in the E-Commerce Suppliers business or E-shop.
5.6 The payment, by the Consumer for the goods and/or services, in cash through the Cash Payment Services system shall be irrevocable and any refund request or dispute shall be made directly to the E-Commerce Supplier by the Consumer.
5.7 The Payment by the Consumer for the goods and/or services, paid through the Cash Payment Services system, extinguishes the Consumers debt to the E-Commerce Supplier, to the value of the of the cash payment made.
5.8 The E-Commerce Supplier may not seek to recover any payment from the Consumer, the consumers evidence of payment shall be the receipt provided by the Cash Payment Services system.
6. Limitation of Liabilities of Kasssh
6.1 Kasssh will under no circumstance, nor its employees, independent contractors, authors, agents, representatives, assignees and successors be, to the maximum extent permitted by law, liable to the Consumer or any other person or entity, for any direct or indirect losses, injuries, or incidental or consequential damages of any kind (including, without limitation, damages for loss of payment or profit, loss of information, other incidental or consequential damages, or any other pecuniary loss) with regard to any transaction between the Consumer and the E-Commerce Supplier, the Consumers payment for goods or services and their delivery, use, conditions or any fitness for any purpose, or arising from or in connection with the use of Kasssk’s Cash Payment Service or the E Commerce Supplier and any relevant purchase from the same. Neither shall Kasssh be liable to the Consumer in respect of the E-Commerce Supplier or E-shop, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of Kasssk’s or the E-Commerce Suppliers goods and/or services, content or materials, including, without limitation, any losses due to server problems or due to incorrect placement of HTML or other programming languages.
6.2 You expressly acknowledge and agree that to the maximum extent permitted by law, your use of our Website and the Cash Payment Services system supplied is at your sole risk, and Kasssh’s Cash Payment Services are provided on an “as is” and “as available” basis, with all its faults. Any Cash Payment Services accessed through our website or made available to you in connection with the Website is accessed at your own risk, and you shall be solely responsible for any damage to your device, or any device you use to access our website and the Cash Payment Services system, or any other loss that results from accessing the Website or the Cash Payment Services system. Kasssh expressly disclaims all warranties, representations, and conditions of any kind, whether express or implied, arising from your use of the website and any Cash Payment Services supplied through it. You acknowledge and agree that Kasssh ts officer, employees, subcontractors or agents are not liable, and you agree not to seek to hold any such persons liable, for the conduct of third parties on the website, including any external sites, and that any and all risk of injury from such third parties rests entirely with you.
6.3 These terms do not affect your statutory rights as a consumer and nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that may not be excluded or limited under applicable law.
7. Use of the Website and the Cash Payment Services Supplied
7.1 The Cash Payment Services are provided on an ‘as is’ and ‘as available’ basis and may contain technical inaccuracies or typographical errors. Kasssh gives no warranties, whether express or implied, in relation to the Cash Payment Services, or any transaction that may be conducted on or through the Cash Payment Services system, including any warranties of: (a) non-infringement, security or accuracy; (b) that your use of the Website or the Cash Payment Services system will be uninterrupted, error or defect free; or (c) that the Website or the server suppling the Cash Payment Services system and that makes it available to you are free of viruses or bugs or that any defect or downtime will be fixed promptly or at all. Note that if the need arises, we may suspend access to the Website and the Cash Payment Services system or close it, or any part of it, indefinitely and without further notice to you or any third party.
7.2 This Website and any content is provided for general information only and offers an agreement only to the Cash Payment Services supplied.
7.3 You are responsible for ensuring that your mobile, tablet or other device meets all relevant technical specifications necessary to use the Website and the Cash Payment Services and is compatible with them both. Please be aware that we cannot and do not guarantee or warrant that any material available for downloading from the Website or the Cash Payment Services system will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
8.1 This Agreement shall commence on the date of payment of cash though the kasssh.com website and the Cash Payment Services system for the goods and/or services of the
E-Commerce Supplier, under the contract made between You and them,
8.2 All of the E-Commerce Suppliers warranties, indemnities and obligations, will remain beyond the termination of the services supplied by Kasssh as their Commercial Agent and are direct between the Consumer and the E-Commerce Supplier.
9.1 Kasssh reserves the right and may at any time and without limitation, freely assign all or part of its duties, obligations and benefits hereunder. The Consumer duly acknowledges and accepts this assignment upon communication by Kasssh.
10.1 In case Kasssh fails to enforce the terms laid out in this Agreement any of the specific provisions of this Agreement will neither preclude any other or further enforcement of such provision(s), nor the exercise of any other right hereunder.
10.2 Kasssh reserves the right to change the terms of this Agreement by notice in writing to the Consumer. This is the entire agreement between Kasssh and the Consumer and no other written or oral agreement will supersede the provisions stated in the Agreement, unless submitted in writing and signed by Kasssh as an express amendment of the Agreement.
10.3 All communications between Kasssh and the Consumer shall be made through the email address supplied by the Consumer. It is the Consumers responsibility to ensure this email address is correct at all times.
11. Data Protection
11.1 Kasssh acknowledges and agrees that they will comply with all and any laws and regulation in respect of Data Protection and Privacy. The Consumer warrants to Kasssh that any personal data passed to kasssh is truthful and honest.
11.2 Where Kasssh acts as a Data Processor for the Consumers personal data, it shall process and deal with all such data in line with all current Data Protection law, being the Data Protection Act 2018 which replaced the EU GDPR regulations but continues to abide by them under the Act and any additional regulations in force.
11.3 Kasssh confirms that the Consumers Personal Data shall not be used, assigned or sold to any third parties.
11.4 The Consumer expressly agrees that Kasssh may use their Personal Data for any required compliance confirmation and for communications purposes in respect of this Agreement.
12. Force Majuere
12.1 Force Majeure; neither Kasssh nor the Consumer shall not bear any liability for any failure or delay in the performance of their obligations under this agreement if such delay or failure to perform is due to any Force Majuere, for the purpose of this agreement Force Majuere shall be defined as ;
(a) any act, omissions, cause or circumstance beyond the reasonable control of kasssh or the Consumer, this to include without any limitations; acts of God, war, national emergency, protests or rebellion, civil commotion, riots or strikes and any form of industrial dispute, (whether or not involving either parties work force , earthquake, flood, drought, epidemic, fire, explosion, act of terrorism, pandemic or epidemic, or any other act ordered by any government, council or constituted body.
13.1 Jurisdiction and Applicable Law
13.1 Under this Agreement and all matters resulting from it, including disputes and resolutions referred to, will be governed by and construed in accordance with the laws of England and Wales
13.2 All parties will irrevocably submit to the exclusive jurisdiction of the courts England and Wales.
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