CashNow Terms of Use

Last updated: September 25, 2024

CashNow (“we”, “us, or “our”) provides users lending and consumer financing services (the “Services”). By using the Services, registering for, logging into your account, or downloading and installing the BOTIM or CashNow Apps (the “Apps”), you agree to be bound by these terms.

YOU SHOULD READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES OR REGISTERING AN ACCOUNT AND DETERMINE WHETHER THE TERMS OF USE ARE APPROPRIATE TO YOU GIVEN YOUR PERSONAL OR FINANCIAL CIRCUMSTANCES. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD CEASE YOUR USE OF THE SERVICES IMMEDIATELY.

You are responsible for regularly reviewing information posted on the Apps to obtain timely notice of any amendments to these Terms of Use. Your continued use of the Services after any amendments to these Terms of Use are published constitutes your acceptance of the amended Terms of Use.

The Services are provided by Quantix Technology Projects LLC, registered in Abu Dhabi, UAE with registration number CN-3762786.

1. PROVISION OF THE SERVICES

If you have registered for, and we have approved, your account to apply for the Services, you will be able to apply for the Services. If you apply for and we agree to provide you lending and consumer financing services, you agree that such Services will be governed by these Terms of Use and the terms and conditions set out in the CashNow Credit Agreement.

2. ELIGIBILITY FOR THE SERVICES

By registering for an account or applying for the Services, you represent and warrant to us that:

  • you are at least eighteen (18) years of age;
  • you are a resident of the United Arab Emirates with a valid Emirates ID; and
  • you agree that any payment obligations arising from the Services provided to you will be met by you pursuant to the payment terms agreed in the CashNow Credit Agreement.

3. CREDIT DECISIONS

Credit decisions, including the approval or denial of lending and consumer financing services, are at the sole discretion of CashNow. We are not obligated to provide any reasons for our credit decisions, and you acknowledge and agree that CashNow shall not be liable in any way for the decision to grant or not grant credit or for any consequences arising from such decisions, including, but not limited to, any financial loss or damage, denial of opportunities, or any other adverse effects.

4. REGISTRATION AND SECURITY

To use the Services, you must register for an account. You agree to provide accurate, current, and complete information about yourself during the registration process and to promptly update your account information as necessary to keep it accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices used to access the Apps and Services. You agree to accept responsibility for all activities that occur under your account or password.

5. FEES AND PAYMENTS

The fees for the Services and any additional fees, such as late payment fees, will be as set forth in the CashNow Credit Agreement. You are responsible for any and all fees and charges associated with the Services. By using the Services, you authorize us to initiate payments from your designated payment account for all amounts due to us in connection with the Services.

6. AVAILABILITY THROUGH THIRD PARTY APPLICATIONS

These Terms of Use apply to the extent the Services are made available through other applications, platforms, or services, including but not limited to BOTIM. By accessing or using the Services through such other applications, platforms, or services, you acknowledge and agree to be bound by these Terms of Use, and you represent and warrant that your use of the Services on or through such other applications, platforms, or services complies with any applicable terms and conditions of those applications, platforms, or services.

7. USE OF THIRD-PARTY SERVICE PROVIDERS

CashNow may engage third-party service providers, agents, or contractors to assist in providing the Services or to perform tasks on our behalf. By using the Services, you acknowledge and agree that such third-party service providers may have access to your personal information, account data, or other information as required to perform their services for CashNow. You also acknowledge and agree that CashNow is not responsible for the actions or omissions of these third-party service providers, provided that CashNow has taken reasonable steps to select reputable service providers and to ensure that they handle your information in compliance with our Privacy Policy and applicable laws and regulations.

8. PRIVACY AND DATA PROTECTION

Your privacy is important to us. We will handle your personal information in accordance with our Privacy Policy, which is incorporated into these Terms of Use by reference. By using the Services, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy.

9. CONSENT TO PROVIDING PERSONAL INFORMATION

By using the Services and providing your personal information to us, you expressly consent to the collection, use, storage, and processing of your personal information by CashNow, subject to our Privacy Policy. You understand that we may share your personal information with third parties, as described in our Privacy Policy, for the purpose of providing the Services, enhancing your user experience, and complying with applicable laws and regulations. By registering for an account or using the Services, you confirm that you have read, understood, and agreed to the terms of our Privacy Policy, which is incorporated into these Terms of Use by reference.

10. CONSENT TO COLLECTION ACTIVITIES

By using the Services and entering into the CashNow Credit Agreement, you acknowledge and consent to CashNow conducting collection activities in accordance with applicable laws and regulations, as well as the terms of the CashNow Credit Agreement, in the event of any default or failure to repay any amounts owed to us. Collection activities may include, but are not limited to, contacting you through phone calls, emails, text messages, or other communication methods, employing third-party collection agencies, and reporting any delinquencies or defaults to credit reporting agencies. You also agree that CashNow may contact the references you provided during the application process for the Services to assist in collection activities or to verify your information. You agree to cooperate with CashNow and any third-party collection agencies in resolving any outstanding balances or disputes and to provide accurate and up-to-date contact information for the purpose of collection activities.

11. COMPLAINTS AND CUSTOMER SUPPORT

We are committed to providing quality services and addressing any concerns or complaints you may have in a timely and efficient manner. If you have any complaints or concerns about the Services or any aspect of your experience with CashNow, please contact our customer support team by emailing us at help.cashnow@quantix.ae. We will acknowledge receipt of your complaint and strive to resolve the issue as quickly as possible. In your email, please provide a detailed description of your complaint or concern, along with any supporting documentation or information that may assist us in resolving the matter.

12. ELECTRONIC COMMUNICATIONS AND THIRD-PARTY CONSENT

By using the Services and providing your email address and/or mobile number, you consent to receive electronic communications from CashNow, including notifications, confirmations, disclosures, and other information related to your account, transactions, and use of the Services. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

13. LINKS TO THIRD-PARTY WEBSITES

The App or Services may contain links to third-party websites, services, or resources. CashNow is not responsible for the content, accuracy, or availability of such third-party websites, services, or resources, and you acknowledge and agree that CashNow shall not be liable for any loss or damage resulting from your use of or reliance on any such third-party websites, services, or resources.

14. PROMOTIONS AND REFERRAL PROGRAMS

From time to time, CashNow may offer promotions, referral programs, or other incentives in connection with the Services. Such promotions, referral programs, and incentives may be subject to additional terms and conditions, which will be communicated to you in connection with the relevant promotion, referral program, or incentive. By participating in any such promotion, referral program, or incentive, you agree to be bound by the applicable terms and conditions.

15. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App, the Services, and any content, materials, or information provided by us are owned by CashNow or its licensors. You acknowledge and agree that you have no rights, title, or interest in or to any such intellectual property, and you agree not to copy, reproduce, modify, distribute, or create derivative works from any content or materials provided by us without our prior written consent.

16. TERMINATION AND SUSPENSION

We may, at our sole discretion, terminate or suspend your account and access to the Services at any time and for any reason, including, without limitation, if we believe that you have breached these Terms of Use or if you have engaged in any fraudulent or illegal activity. You may terminate your account at any time by notifying us in writing. Upon termination, your right to use the Services will immediately cease, and you must promptly delete the App from your devices. Any such termination by you shall not affect any accrued amounts owing or other liabilities you have incurred to us.

17. DISCLAIMER AND LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied. CashNow does not warrant that the Services will be uninterrupted, error-free, or completely secure. In no event will CashNow or its affiliates, officers, directors, employees, agents, licensors, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of or inability to use the Services, even if CashNow has been advised of the possibility of such damages.

18. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CashNow, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Services, your breach of these Terms of Use, or your violation of any applicable law, regulation, or third-party right.

19. AMENDMENT TO TERMS OF USE

We reserve the right to amend, modify, or update these Terms of Use at any time and in our sole discretion. Any changes to these Terms of Use will be effective immediately upon posting the revised version on the Apps or notifying you through the contact information you have provided. You are responsible for reviewing any updates to the Terms of Use and staying informed of any changes. Your continued use of the Services following the posting of any changes or modifications to these Terms of Use constitutes your acceptance of such changes or modifications. If you do not agree to the amended Terms of Use, you must immediately cease using the Services and delete the Apps from your devices.

20. ASSIGNMENT 

You may not assign, transfer, or delegate your rights or obligations under these Terms of Use without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms of Use, in whole or in part, without your consent, to any affiliate or in connection with a merger, acquisition, sale of assets, or other business transaction.

21. FORCE MAJEURE 

Neither party shall be liable for any failure or delay in performance under these Terms of Use (other than payment obligations) if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, pandemics, government regulations, strikes, or communication or utility failures.

22. WAIVER 

No waiver of any provision of these Terms of Use shall be effective unless it is in writing and signed by the party against whom it is sought to be enforced. The failure of either party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

23. SEVERABILITY 

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of these Terms of Use shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed replaced by a valid, legal, and enforceable provision that most closely accomplishes the original intent of the parties.

24. ENTIRE AGREEMENT

These Terms of Use, together with the CashNow Credit Agreement, Privacy Policy, and any other policies or guidelines referenced herein, constitute the entire agreement between you and CashNow with respect to the Services and supersede all prior or contemporaneous communications, agreements, or understandings, whether written or oral, relating to the subject matter hereof.

25. NO THIRD-PARTY BENEFICIARIES

Except as expressly provided in these Terms of Use, there are no third-party beneficiaries to these Terms of Use, and no person or entity other than you and CashNow shall have any rights or remedies under these Terms of Use.

26. HEADINGS

The headings in these Terms of Use are for convenience only and shall not affect the interpretation or construction of any provision of these Terms of Use.

27. NOTICES 

Any notices or other communications required or permitted under these Terms of Use shall be in writing and shall be deemed given when delivered personally, sent by registered or certified mail (postage prepaid, return receipt requested), or sent by email (with confirmation of receipt) to the addresses or email addresses provided by each party during the account registration process or as updated by either party from time to time.

28. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use and any disputes arising out of or in connection with them or the Services shall be governed by and construed in accordance with the laws of the Dubai International Finance Centre (DIFC). Any dispute, controversy, or claim arising out of or in connection with these Terms of Use or the Services shall be subject to the exclusive jurisdiction of the courts of the DIFC.

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