Terms & Conditions

PLEASE READ THESE TERMS OF THIS USER AGREEMENT (“Agreement”) CAREFULLY. BY ACCESSING THE CASHEW WEBSITE OR USING CASHEW SERVICES, YOU AGREE TO BE BOUND BY: 1) THIS CASHEW USER AGREEMENT; AND; 2) THE CASHEW PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE CASHEW WEBSITE OR USE THE CASHEW SERVICE. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Definitions:

Payment plan provider: Cashew. Cashew provides a payment plan that either split your payment into installments or, automates the subscription first payment and renewals to come. 

Applicant: An individual, who applies for a payment plan through cashew, can also be referred to as “you”

Customer: An individual, who has applied and been approved by cashew for a payment plan, has agreed to the terms and conditions mentioned thereafter. Can also be referred to as “you”

Store: The retailer from which the customer has bought their product.

Manufacturer: The company that produced the product the customer bought.

DISCLAIMER:

Please make a clear distinguishment between the parties mentioned in your subscription arrangement. And therefore:

• For terms, conditions, questions, or complaints regarding the usage of your product, please refer to the product’s manufacturer’s terms and conditions
• For terms, questions, complaints, refunds…etc regarding your purchase agreement, please refer to the store’s terms and conditions.
• For terms, questions, complaints, refunds…etc regarding an insurance policy bought using an advance from cashew, please refer to your insurer.
• For terms regarding your payment plan with cashew, please refer to the following:

1. Parties to this Agreement

This Agreement is a contract between you (“you”, “your”) and Cashew Technology Software (“Cashew”, “we”, “us”, “our”), a company incorporated under the laws of the Department of Dubai Economic Development (DED) bearing license number 972695 (each individually a “Party”, and collectively the “Parties”).

This Agreement is a legally binding agreement between you and Cashew governing your non-transferrable (unless with our prior written consent) use of Cashew Services, including the use of the Cashew website, and any features and products that Cashew may make available to you through the Cashew application or website (collectively, the “Services”). We may transfer or assign this Agreement, and any rights under this Agreement, to a third party without notice to you or without your consent.

2. The services

2.1 Cashew provides Services that allow merchants to offer consumers the ability to pay for goods or services in installments, or process the renewal of subscriptions products, all of which may be accessed through your Account.

2.2 If you have purchased a subscription through cashew, your purchased subscription will be automatically renewed at the renewal date counting from the date of purchase. The renewal date is not linked to the date you choose to activate your license/subscription. 

2.3 Renewal dates cannot be changed. Installment dates cannot be changed.

2.4 You will be notified before the installment date or renewal date to make sure payment is made in due time.

2.5 Payments are required to be made on the due dates scheduled at the time of purchase. Once a due date passes; the payment becomes due with immediate effect. We will deduct your installment by charging the credit or debit card you pre-authorized to us at the time of purchase or later.

2.6 Late Payment. In case of late payment, you are obligated to pay 2% + Vat of your overdue amount with a minimum of AED 20 + VAT for every month you miss a payment.

2.7 You may choose to stop the renewal process by following the guidelines displayed when you log in to your registered account.

2.8 You may choose to make an early settlement of your installment plan by following the guidelines displayed when you log in to your registered account.

2.9 Cancelation/Return of the product/service/subscription/license has no impact on this agreement and the agreement remains active until you follow the cancelation guide with both your merchant and cashew.

3. Eligibility

The Services are intended solely for natural persons that are twenty-one (21 years of age) and any registration by, use of, or access to, the Services by any person under 21 is unauthorized, unlicensed, and in violation of these Terms of Service. By using the Services, you represent and warrant that you are at least 21 years old or are of legal age.

4. Changes to this Agreement

We may amend this Agreement from time to time. it is your responsibility to review this Agreement, available on the Cashew website from time to time to see if it has changed. If you do not agree with the changes, do not use the Services.

5. Cashew accounts

5.1 You will need your own Cashew account (each, an “Account”) to use certain Services. Each person may only hold one Cashew Account.

5.2 In consideration of your use of the Services, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on or through the Services or otherwise requested by Cashew (“Registration Data”); (b) allow Cashew to share my details with any credit bureau and make inquiries about me with any credit bureau at its sole and absolute discretion. (c) Allow cashew to record and monitor transactions made on its platform by you, (d)maintain the confidentiality and security of your password and identification and agree to accept responsibility for all activities that occur with your permission under your account or password; (e) maintain and promptly update the Registration Data, and any other information you provide to Cashew, to keep it accurate, current and complete; (f) promptly notify Cashew regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Services or the terms on which you use the Services; and (g) be fully responsible for all use of your Account and for any actions that take place using your Account.

5.3 If your password is lost or stolen, or if you believe there has been unauthorized access to your Account by third parties, please notify us immediately and change your password as soon as possible.

5.4 You may request to close your Account at any time by contacting us at info@cashewpayments.com. Your request may take up to 30 business days to process. If you owe any payment to Cashew, your Account will not be closed by Cashew until that payment has been made, but we may limit your ability to make additional transactions using your Account. You may not close your Account to evade an investigation. You will remain liable for all obligations related to your Account even after the account is closed. Cashew will retain your information in accordance with our Privacy Policy (available on the Cashew website) and any applicable law, rule, or regulation.

6. Verification and Privacy

6.1 You agree to provide any information or documentation reasonably requested by us to verify your identity in connection with your Cashew Account or any use of Cashew Services, and you authorize us to make, directly or through third parties, any inquiries we consider necessary to verify your identity. Cashew reserves the right to close, suspend or limit access to the Services in the event we are unable to obtain or verify any of this information to our satisfaction.

6.2 You agree that we may make any inquiries to assess your eligibility to use the services including those of third parties.

7. Prohibited activities

7.1 You agree not to use the Services for any unlawful or fraudulent activity and to immediately contact us if you believe that your Account may be subject to unauthorized use, account takeover, or other types of fraudulent activity or security breach. By using the Services, you agree that you will not and will not assist or enable others to do any of the following:

(a) Breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or agreements with us, including this Agreement;

(b) Provide false, inaccurate, or misleading information to us;

(c) Provide information belonging to any person other than yourself;

(d) Use a Cashew Account that belongs to another person for yourself or on behalf of another person;

(e) Use any device, software, routine, file, or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs, or cancelbots, intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data or personal information from the Services;

(f) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique; or

(g) Commit unauthorized use of the Services, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to the Services.

(h) Open or use multiple Cashew Accounts.

8. Intellectual Property

All content included in or made available through the Services, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software is protected under applicable copyrights, trademarks, and other proprietary rights (including but not limited to intellectual property rights) are owned by Cashew or one of its affiliates. The copying, redistribution, use, or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents, or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.

9. Trademark Notices

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the Services are registered and unregistered Trademarks of Cashew. Other trademarks, service marks, and trade names may be owned by others. Nothing on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Cashew intellectual property displayed on the Services. The name “Cashew” and any other Trademarks shall not be used by you in any way, including in advertising or publicity pertaining to the distribution of materials on the Services, without prior written permission from Cashew.

10. Consent to electronic communications

10.1 By clicking to accept this Agreement, you are deemed to have executed this Agreement electronically. You consent to electronically receive and access via email or your Cashew Account all records, disclosures, and notices related to your Account or the Services that we would otherwise be required to provide to you in paper form. Your consent to receive records, disclosures, and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records, disclosures, and notices electronically at any time by sending an email to legal@Cashewpayments.com with “Revoke Electronic Consent” in the subject line. Any withdrawal of your consent to receive records, disclosures, and notices electronically will be effective only after we have a reasonable period to process your request for withdrawal. If you fail to provide or if you withdraw your consent to receive communications electronically, Cashew reserves the right to restrict, deactivate or close your Account.

10.2 To ensure that we can provide communications to you electronically, you agree to notify us immediately of any change in your email address by updating your Cashew Account or by contacting us via email.

10.3 To view and retain a copy of this Agreement and other communications from us, you will need a device (such as a computer or mobile phone) with a web browser and internet access and either a printer or local or cloud-based storage space. By accepting and agreeing to this Agreement electronically, you represent that (a) you have read and understand the above consent to receive records and notices electronically; (b) you satisfy the minimum hardware and software requirements specified in this Section 10.3; and (c) your consent will remain in effect until you withdraw your consent as specified above in Section 10.1. 10.4 For a paper copy of this Agreement or other communications provided by us to you, you may send an email to legal@cashewpayments.com with contact information and the address for delivery.

11. Short Message Service (“SMS”) Communications

11.1 If you choose to open an Account, Cashew may send you SMS messages. You agree to receive SMS messages to each telephone number provided by you to Cashew, regardless of whether such telephone number is on a corporate, state, or federal do-not-call registry. You certify, represent, and warrant that the telephone number that you have provided to us is your number and not someone else's. You represent that you are permitted to receive SMS at the telephone number you have provided to us. You agree to alert us whenever you stop using a particular telephone number.

11.2 Any such SMS messages sent to you by Cashew will be to verify your phone number or service any upcoming or overdue payments associated with the Extended Repayment Feature—Cashew will not send you advertisements or marketing-related SMS. You understand that such SMS may be placed using an automatic telephone dialing system or may include automated SMS messages. You agree that you are responsible for any message, data rates, or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier

11.3 By entering your mobile number, you agree to receive text messages for service notifications and verification codes from Cashew. Message frequency will vary. Reply HELP for help, STOP to stop (or cancel). Standard Message & Data rates may apply. We do not sell your data. Carriers are not liable for delayed or undelivered messages.

12. Indemnification

You agree to release, indemnify and hold harmless us, our affiliates, and our and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way related to: (a) your access to, use of, or inability to use your Cashew Account or the Services; (b) your breach or alleged breach of this Agreement; (c) your violation of any rights of a third party, including but not limited to any negligent or willful misconduct of your employees, contractors, or agents, or a breach of any contracts or other relationships between you and third parties; (d) your violation of any applicable law; or (e) your failure to provide and maintain true, accurate, current and complete information in your Cashew Account. You shall cooperate as fully as reasonably required in the defense of any such claim. Cashew reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Cashew. For the avoidance of doubt, this indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of the Services.

13. Miscellaneous

13.1 This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all Services-related materials obtained from us or Cashew and paying all amounts you owe (including any fees or expenses incurred) in full. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from us if, in our sole discretion, you fail to comply with any term or provision of this Agreement.

13.2 If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement.

13.3 The failure of Cashew to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance.

13.4 The following provisions of this Agreement shall survive termination of your use or access to the Services: the sections concerning Dispute Resolution, Applicable Law and Jurisdiction, Limitation of Liability, Indemnification, Disclaimer of Warranties, and Miscellaneous, and any other provision that by its terms survives termination of your use or access to the Services.

13.5 This Agreement constitutes and contains the entire agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous oral or written agreements. You and we acknowledge and agree that the other has not made any representations, warranties, or agreements of any kind, except as expressly set forth herein.

13.6 We may close your Account or terminate the whole or any part of your scheduled installment plan immediately without prior notice to you:

(a) if you breach any term of the Agreement,

(b) if you or any of your assets are the subjects of any Insolvency Proceedings,

(c) if it is or it is likely to become unlawful for either you or us to perform your or our respective obligations under the Agreement,

(d) if complying with the Agreement may cause us to breach our policies or any applicable law,

(e) upon the occurrence of any circumstance affecting you or the Account or Installment plan, we reasonably consider exceptional; or (f) where we reasonably believe you or someone else has used, or is using or obtaining, or may use or obtain, an Account and/or Service or money illegally or fraudulently.

Termination may be in the form of locking access to your account, and/or, early settlement of your outstanding dues.

14. Questions

If you have any questions, complaints, or claims with respect to the Services, please contact us at info@cashewpayments.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

15. Returns, exchanges, and refunds

With the exception of insurance policies; for returns, exchanges, and refunds related queries and issues, please refer to the merchant's policy and process. For insurance policies, cashew payments is a Payment Plan Provider and does not represent the insurer nor the broker. Hence, an insurance policy cannot be canceled unless the full payment of this credit advance is made to cashew. After the full payment is made to cashew, then, the insurer will start the cancelation process including their own cancelation policy.