Terms & Conditions

PLEASE READ THESE TERMS OF THIS USER AGREEMENT (“Agreement”) ATTENTIVELY. BY ACCESSING THE CASHEW WEBSITE OR UTILIZING CASHEW SERVICES, YOU AGREE TO BE BOUND BY: 1) THIS CASHEW USER AGREEMENT; AND 2) CASHEW'S PRIVACY POLICY. IF YOU DISAGREE WITH THESE TERMS, DO NOT ACCESS THE CASHEW WEBSITE OR UTILIZE CASHEW SERVICES. THE HEADINGS IN THIS AGREEMENT ARE FOR REFERENCE ONLY. YOU SHOULD RETAIN A PRINTED COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Definitions:

Payment plan provider: Cashew offers a payment plan that either divides your payment into installments or automates initial and subsequent subscription payments.

Applicant: An individual applying for a payment plan through cashew; also referred to as “you”.

Customer: An individual approved by cashew for a payment plan who has agreed to the terms and conditions outlined here; also referred to as “you”.

Store: The retailer from which the customer has made a purchase.

Manufacturer: The entity responsible for producing the product purchased by the customer.

DISCLAIMER:

Please distinctly differentiate between the parties involved in your purchase arrangement. Accordingly:

• For inquiries, issues, or complaints related to your product's usage, consult the retailer's terms and conditions. 
• For concerns, questions, or complaints related to your purchase agreement, consult the retailer's terms and conditions.
• For terms governing your payment plan with cashew, continue reading below:

1. Parties to this Agreement

This Agreement is a contract between you (“you”, “your”) and Cashew Technology Software L.L.C (“Cashew”, “we”, “us”, “our”), a corporation registered under the Department of Dubai Economic Development (DED) with the license number 972695 (individually known as a “Party”, collectively known as the “Parties”).

This Agreement governs your non-transferrable use of Cashew Services, including the Cashew website and any products or features that Cashew's application or website (collectively, “Services”). We may assign or transfer this Agreement and any rights hereunder to a third party without your prior notice.

2. The services

2.1 Cashew enables merchants to offer consumers installment payments for goods or services, as well as subscription renewals, all accessible via your Account. 

2.2 If you have acquired a subscription through cashew, it will renew automatically on the pre-determined renewal date.

2.3 Renewal or installment dates are changeable via cashew App.

2.4 Advance notice will be provided before the due date of each installment or subscription renewal.

2.5 Payments must be made on the stipulated due dates, after which they become immediately due. 

2.6 In case of late payments, a 2% + VAT charge will be levied on the overdue amount, with a minimum of AED 20 + VAT for each month payment is missed.

2.7 The renewal process can be stopped by following instructions available when you log into your registered cashew account via cashew App.

2.8 Early settlement of your installment plan can be initiated by following guidelines within your registered account via cashew App. 

2.9 Cancelling or returning your purchased product, service, or subscription does not affect this Agreement. The agreement remains active until you follow the cancelation guidelines with both the merchant and cashew. 

3. Eligibility

The Services are exclusively designed for individuals who are twenty-one (21) years of age or older and that meet cashew eligibility criteria. Any registration, use, or access to the Services by anyone under 21 is unauthorized, unlicensed, and breaches these Terms of Service. By utilizing the Services, you affirm that you are at least 21 years old or meet the legal age requirement. 

3.1 Your checkout application's approval hinges on our examination of your provided data and your credit score from the Credit Bureau.

3.2 We unequivocally retain the right to reject your application at our sole discretion, without the necessity of explaining the rationale behind our decision.

3.3 Upon the approval of your Cashew BNPL application, we will remit the Total Amount for your purchased products to the Merchant on your behalf. Consequently, you commit to reimbursing us the Total Amount via the predetermined installments, consistent with these Terms.

4. Changes to this Agreement

We reserve the right to modify this Agreement periodically. It's your duty to frequently review this Agreement on the Cashew website to remain informed about any alterations. Should you disagree with any updates, refrain from using the Services. 

5. Cashew accounts

5.1 To access certain Services, you must have a Cashew account (referred to as an "Account"). Each individual can possess only one Cashew Account.

5.2 In exchange for your use of the Services, you commit to: (a) furnish accurate, up-to-date, and comprehensive details as prompted by registration forms within the Services or as otherwise sought by Cashew ("Registration Data"); (b) permit Cashew to disclose your details to credit bureaus and conduct credit checks at its exclusive discretion; (c) authorize Cashew to document and monitor your transactions on its platform; (d) safeguard the confidentiality of your password and identity, taking responsibility for all activities conducted under your account with your consent; (e) promptly update the Registration Data and other information you provide to Cashew to ensure its accuracy and relevance; (f) immediately inform Cashew about any significant changes in your situation or details that might impact your ability to use the Services or the conditions of your usage; (g) assume full responsibility for your Account's usage and any actions executed through your Account.

5.3 If you suspect unauthorized access to your Account, or if your password is misplaced or stolen, notify us without delay and change your password promptly.

5.4 To close your Account, reach out to us at info@cashewpayments.com. Processing your request might take up to 30 business days. Should you have outstanding payments to Cashew, your Account will remain active until the debt is settled, although we may restrict further transactions. Account closure to avoid investigation is prohibited. Even after account termination, you are bound by all associated obligations. Cashew will store your data in line with our Privacy Policy (accessible on the Cashew website) and pertinent regulations.

6. Verification and Privacy

6.1 You consent to furnish any required information or documents to confirm your identity in association with your Cashew Account or the utilization of Cashew Services. We are authorized, directly or via third parties, to conduct essential checks to authenticate your identity. Cashew might restrict, suspend, or terminate access to the Services if we cannot satisfactorily verify this information.

6.2 You acknowledge that we can conduct inquiries, including those through third parties, to determine your eligibility for the services.

7. Prohibited activities

7.1 By using the Services, you commit to refraining from any unlawful or fraudulent activities. Should you suspect any unauthorized or fraudulent use of your Account, including account takeovers or security breaches, you must contact us immediately. By engaging with the Services, you also agree not to: (a) Violate or bypass any laws, regulations, third-party agreements or rights, or our agreements, including this one; (b) Supply us with false, misleading, or inaccurate information; (c) Share information that belongs to someone other than you; (d) Operate a Cashew Account owned by another individual, either for yourself or another; (e) Employ devices, software, routines, or any other methods, especially harmful ones like viruses, trojan horses, or worms, to disrupt the Services or covertly intercept system data or personal information; (f) Engage in actions that place an undue or excessive burden on our infrastructure, such as denial of service attacks or unsolicited overload methods like "spam"; (g) Make unauthorized use of the Services, which includes unauthorized access to our systems, misusing passwords, or mishandling any information on the Services; and (h) Create or operate multiple Cashew Accounts.

8. Intellectual Property

All content accessible through the Services—including text, graphics, logos, icons, images, digital downloads, data compilations, and software—is safeguarded by applicable copyrights, trademarks, and other proprietary rights. These rights, especially intellectual property rights, belong to Cashew or its affiliates. Unauthorized copying, distribution, use, or publication of any portion of the Services is strictly forbidden, unless explicitly allowed by this Agreement. Engaging with the Services doesn't grant you ownership over any intellectual property rights in the content, documents, or materials you encounter. Posting materials or information to the Services doesn't imply a surrender of rights to said content.

9. Trademark Notices

The trademarks, service marks, and logos showcased on the Services are Cashew's registered and unregistered Trademarks. There may also be trademarks, service marks, and trade names owned by other entities. No aspect of the Services should be interpreted as providing implicit, estoppel-based, or any other form of rights to use any Trademark or other intellectual property of Cashew. Using the name “Cashew” or any related Trademarks, especially in advertisements or materials distributed via the Services, requires explicit written consent from Cashew.

10. Electronic Communications Consent

10.1 Accepting this Agreement electronically signifies its digital execution. All communications, including records, disclosures, and notices associated with your Account or Services, will be sent to you electronically. Withdraw your electronic consent anytime by emailing legal@Cashewpayments.com with the subject “Revoke Electronic Consent.” This will take effect after we've processed your request. Cashew might restrict or close your Account if you don't give or retract your electronic consent.

10.2 Notify us promptly if your email address changes, either by updating your Cashew Account or emailing us.

10.3 You need a web-enabled device and either a printer or storage to view and save our communications. By agreeing to this, you affirm:

a) Understanding of this electronic consent

b) Compliance with the tech requirements here

c) Maintenance of this consent until you revoke it per Section 10.1.

10.4 For physical copies of this Agreement or our communications, email legal@cashewpayments.com detailing your request.

11. Short Message Service (“SMS”) Communications

11.1 Opening an Account lets Cashew send you SMSs. Receive these on any number you provide, even if it's on a no-call list. Ensure the number is yours and notify us if you stop using it.

11.2 Cashew's SMSs are for phone verification or service updates, not for marketing. Automated systems might send these, and you'll bear any related charges from your service provider.

11.3 Providing your mobile number means you accept SMSs from Cashew for service notifications and verification. Message frequency varies. For assistance, reply with HELP, or reply with STOP to cancel. Charges may apply, and your data is secure.z

12. Indemnification

You'll indemnify and protect us, our affiliates, and our respective members from claims, liabilities, or losses, including legal fees, due to:

a) Your use or misuse of your Cashew Account or Services

b) Breaching this Agreement

c) Violating third-party rights or any contracts or relations with third parties

d) Breaking any laws

e) Providing inaccurate information on your Cashew Account.

Work with us if there's a claim or dispute against you. Cashew may defend using its resources. Don't resolve any issue without Cashew's written agreement. This indemnification remains even if these Terms end or your use of Services stops.

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.

13.1 This Agreement remains effective until terminated by either you or us. To terminate, you must destroy all materials related to the Services obtained from Cashew and settle any outstanding amounts, including fees or expenses. If you fail to adhere to any term or provision of this Agreement, as determined by us, your privileges under this Agreement will automatically cease without prior notification.

13.2 Should any provision (or part of any provision) of this Agreement be found unenforceable or invalid, the validity of the remaining provisions will not be affected. The unaffected provisions will remain enforceable as if the Agreement didn't contain the invalid or unenforceable part.

13.3 A failure by Cashew to assert any right or provision of these Terms of Service does not constitute a waiver of that right or provision for any instance.

13.4 Following the termination of your use or access to the Services, the sections on Dispute Resolution, Applicable Law and Jurisdiction, Limitation of Liability, Indemnification, Disclaimer of Warranties, and Miscellaneous will remain in effect. Any other provision which inherently should survive will do so.

13.5 This Agreement embodies the entire agreement between you and us regarding its subject matter, superseding any prior oral or written agreements. Both parties recognize that no other representations, agreements, or warranties exist, except those explicitly stated here.

13.6 We retain the right to close your Account or terminate any part of your scheduled installment plan immediately without notifying you if:

• You violate any terms of this Agreement.
• You or your assets undergo Insolvency Proceedings.
• Either party's obligations under this Agreement become potentially unlawful.
• Adhering to the Agreement might lead us to violate our policies or laws.
• Exceptional circumstances arise affecting you, the Account, or the Installment plan.
• We have reasons to believe that an Account or Service is being used, or might be used, illicitly or fraudulently.

Termination actions can include restricting access to your account and requiring early settlement of your dues.

14. Questions

For any questions, complaints, or concerns related to the Services, reach out to us at info@cashewpayments.com. Should you feel that your issues haven't been adequately addressed, please inform us for a thorough investigation.

15. Returns, exchanges, and refunds

For all matters concerning returns, exchanges, or refunds, please consult the merchant's policies and procedures. Cashew Payments only acts as a Payment Plan Provider and doesn't represent the retailer or the store. Therefore, you cannot cancel a cashew installment plan unless Cashew receives a refund or a cancellation request from the merchant or store. Once Cashew has been notified by the merchant/ store, we will initiate the installment plan cancellation procedure in accordance with the terms of this agreement.

16. Governing Law and Jurisdiction

16.1 The laws of Dubai Courts oversee these Terms, the provision of Cashew Services, and any contracts finalized between us.

16.2 You unconditionally consent that the Dubai courts have sole authority in resolving any disputes or claims related to these Terms, the Cashew Services, or contracts established between us.