Terms and Conditions

This User Agreement (“Agreement”) is a contract between you and Kashmi Singapore Pte Ltd (“Company”) and applies to your use of Company’s services, including Kashmi® App (the “Servic-es”). By saving a payment method (e.g., credit card, debit card, etc.) to Kashmi App (whether through the Kashmi website or on another device), you agree that you have read, agree with and accept all of the terms and conditions in this Agreement (other than any Service-Specific terms that apply to a Service that you do not use) as well as our Privacy Policy (“Privacy Policy”) and is incor-porated in this Agreement by this reference.

The Company, the holder of Kashmi’s stored value facility, does not require the approval of the Monetary Authority of Singapore but makes every effort to comply with the general guidelines set out by the Authority for businesses of this nature.

ELIGIBILITY
You must be a resident of Singapore and 18 years or older to use the Services. In case of bank transfers and withdrawals you must use Services in Singapore, and withdraw only to Singapore bank accounts.

THIRD PARTY AGREEMENTS
You acknowledge and agree that this Agreement is between you and Company, not with any third party (including, but not limited to, Apple®, Google®, any mobile carrier, or any Participating Mer-chant (as defined below)), and that Company is solely responsible for the Services. Your use of the Services may be subject to separate agreements you may enter into with your mobile device oper-ating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., Singtel or Starhub), and other parties involved in providing your mobile device service. Participating Merchants as defined below, third party operating system providers such as Apple, Google, and Microsoft, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service are collectively referred to as “Covered Third Par-ties.” You agree to comply with all applicable third party terms of agreement when using the Ser-vices. Company is not a party to those agreements and has no responsibility for the products and services provided by third parties.

Please note that Kashmi has opened its application programming interface (“API”), so you may be subject to agreements with third parties when using a service that was not created by Kashmi. Kashmi has no liability or responsibility for your use of these third party services.

SERVICE-SPECIFIC TERMS
The following terms are “Service-Specific Terms,” in that they apply solely to Services covered by this Agreement: the Kashmi App.

Kashmi App is a payment service that helps you make payments to and accept payments from third parties. You may use the Kashmi App on your mobile device or through a web browser. For the Kashmi App service, Company is only a Payment Service Provider. The Company, the holder of Kashmi’s stored value facility, does not require the approval of the Monetary Authority of Singa-pore. Kashmi makes every effort to comply with relevant MAS regulations and reports to MAS as per its requirements, including but not exclusive to, an annual report of Company activities and progress. The Company has no responsibility for the actions of your transfer recipient or for the subject of the transfer. We do not guarantee the identity of any Kashmi App user or that a sender or a recipient can or will complete a transaction.

  1. Eligibility and Account Registration
    Currently, you may only use Kashmi App in Singapore. To be eligible for using the Kashmi App, you must create an account with a cellular/wireless telephone number that you own. You may also initiate account registration by connecting with your Facebook account, however, we will still need additional information to create your account. As further detailed in our Privacy Policy, in order to register, create and use an account, Company may require that you submit certain Personal Infor-mation (as defined in the Privacy Policy), including but not limited to your name, email address, text-enabled cellular/wireless telephone number, street address or zip code, date of birth, and social security number to Company. You may also initiate account registration by connecting with your Facebook account, however we will still need additional information to create your account. During the registration process, or when you access the Kashmi App from a phone, your phone’s device ID is also stored. You agree that the Personal Information you provide to Company upon registration and at all other times will be true, accurate, current and complete. You agree to main-tain and update this Personal Information to keep the Personal Information true, accurate, and complete. Please also visit Singapore AML section for more information on our Anti-Money Laun-dering Statement.
  2. Types of Accounts
    We offer two different types of accounts, personal and business accounts. You may have only one personal account. Personal accounts on Kashmi App are for use in person-to-person transfers. Some features of Personal accounts may be limited based on how you wish to use the Service, how much you need to send and what we know about you. We may require that you provide more information in order to complete a transaction. Business, commercial or merchant transactions may not be conducted using personal accounts. For each business you are involved with, you may have only one business account. Business account use is limited. Business accounts must be applied for and explicitly authorized. By opening a business account and accepting the terms as outlined in this Agreement, including, but not limited to, the Rules and Restrictions for Business Accounts set forth below, you attest that neither you nor your business is establishing a business account primarily for personal, family or household purposes. Business accounts must be applied for and explicitly authorized by Company. We may reverse or place a hold on your transactions or place a reserve on your funds if you are in breach of this Agreement, including, but not limited to, if you are using a personal account for business purposes or a business account for personal, family or household purposes.
  3. Identity Authentication
    You hereby authorize Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information and, for business accounts, your company or employer. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.
  4. Transaction History
    You may view your transaction history by logging into your Kashmi App. You agree to review your transaction history through your online account instead of receiving periodic statements by mail.

SENDING LIMITS
We may, at our discretion, impose limits on the amount of money you can send or receive through the Kashmi App Service. Please see our help center and FAQs for more details on limits. If we have authenticated your identity, we may increase your sending and/or receiving limits. These limits may change from time to time at Kashmi’s sole discretion. You may not send money to your own account.

MOBILE RECHARGE
The Kashmi App allows users to top up airtime using their Kashmi balance. Mobile recharge amounts will be limited to the amount of money held in a user’s Kashmi balance.

Kashmi reserves the right to charge a fee, at its sole discretion, for this service. This fee may vary based on the country in which the recipient user is based or based on the mobile phone provider.

Kashmi will not be held responsible for any issues arising between the recipient, the user and the third party telecom provider and will only be held accountable for the transfer of the value of airtime top-up specified by the transaction.

DEFAULT FUNDING SOURCES
Your Kashmi App balance consists of the funds you have in your Kashmi App account that are available for new transfers and are not subject to pending transfers.

When you make a payment on Kashmi App, we first see if your Kashmi App balance can cover the transaction. You can also fund payments with eNETS, a bank account, debit card or credit card, designating one of these to be your primary funding source. These funds will need to be made available for transfer by your action of either initiating a bank transfer or adding funds with your credit/debit card.

Transfers will only be made if your Kashmi App is sufficient to cover your payment. If there is not enough money available in your Kashmi App balance to cover the transaction, we prompt you to use your designated primary funding source to add funds to your Kashmi balance and make the payment in its entirety.

If you don’t want to use your balance, you can choose to have it remain as a balance or you can withdraw it at any time. If your balance is not used within 30 days we may remind you to withdraw funds or return the funds to your attached bank account. Withdrawals can only be made to Singa-pore bank accounts.

  1. Funding Source Limitations
    In order to manage risk, the Company may limit the funding sources available for your use to fund any particular transaction. For example, we may limit your funding sources for a particular transac-tion to debit cards or your checking account. Please note that the various funding sources have different dispute resolution means should your transaction turn out to be unsatisfactory.
  2. Bank Transfers
    When your checking account is used as your funding source, you are requesting that we initiate on your behalf an electronic transfer from your bank account. For these transactions, the Company will make electronic transfers (via the Automated Clearing House (“ACH”) of SACH – The Singa-pore Automated Clearing House (“SACH”)) from your bank account in the amount you specify. You agree that such requests constitute your authorization to Company to make the ACH transfer, and once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer and Company may resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by SACH’s ACH rules (collectively, the “ACH Rules”), or applicable law.
    Although the Company does not charge users when adding funds, the card issuers may view such transactions as a cash advance and charge a fee. Company will not be held liable for such charges and User takes on sole responsibility for honoring such charges.
  3. sed and Refunded Transactions
    When you send money, the recipient is not required to accept It. You agree that you will not hold Company liable for any damages resulting from a recipient’s decision not to accept a payment made through the service.

    A recipient of Kashmi funds may not immediately accept funds. During this period, a hold will be placed on your account for the amount of the transfer and the applicable fee, if any. Once the reci-pient has successfully accepted the transaction, transfers will automatically be debited from your account and credited in the recipient’s account. You also have the option of cancelling your pay-ment at any time using the Kashmi app. If a payment is unclaimed, denied or refunded for any rea-son, we will return the money to your balance or to the original funding source.

  4. it Card Processing
    Company will process your debit card-funded transactions through either the debit card’s ATM debit network or the Visa/MasterCard network, as Company may elect at its discretion.
  5. dit Card Information
    If your credit card account number changes or your credit card expiration date changes, we may acquire that information from our financial services partner and update your account.

FEES AND LIMITS FOR SENDING AND RECEIVING MONEY
You may use the Kashmi App without charge to send money when transactions are funded by the Kashmi App balance. These fees may change from time to time at Kashmi’s sole discretion. You may be subject to third party fees, such as insufficient fund fees, reversal, or ACH insufficient fund fees that a bank may charge if your payment is rejected.

Kashmi may also, at its sole discretion, impose daily, weekly or monthly limits on the amount of money that can be sent or received through the application. These limits are usually, though not always, based on local regulations.

PAYMENT INVESTIGATION
Payment investigation is a process by which Company reviews certain potentially high-risk trans-actions. If a payment is subject to payment investigation, Company will place a hold on the pay-ment and may provide notice to the recipient. Company will conduct a review and either clear or cancel the payment. If the payment is cleared, Company will provide notice to the recipient. Other-wise, Company will cancel the payment and the funds will be returned. Company will provide notice to you by email and/or in the account history tab of your Kashmi App account if the payment is canceled.

RISK OF REVERSALS, CHARGEBACKS AND CLAIMS
When you receive a payment, you are liable to Company for the full amount of the payment plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the payment. If a sender of a payment later dis-putes the payment or files a claim for a chargeback, the debit or credit card issuer or the originating bank, not Company, will determine whether the dispute is valid and to whom payment is due. You agree to allow Company to recover any amounts due to Company by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse Company through other means. If Company is unable to recover the funds from your primary funding source, Company may attempt to contact you, Company may recover the funds from your alternate fund-ing sources, or may take other legal actions to collect the amount due, to the extent allowed by ap-plicable law.

ACCOUNT BALANCE
If you do hold a balance, Company will hold your funds separate from its corporate funds, and will not use your funds for its operating expenses or any other corporate purposes. It will not voluntarily make your funds available to its creditors in the event of bankruptcy. While your funds are in our custody, Company will combine your funds with the funds of other users and place those pooled accounts in one or more bank accounts in Company’s name.

Company is not a bank or other chartered depository institution. Funds held by Company or its service providers (including any bank service providers) in connection with the processing of transactions are not deposit obligations and are not insured for the benefit of the user by any go-vernmental agency. Funds held in balance are an ancillary function of enabling money transmission and not for other benefit.

ASSIGNMENT OF INTEREST TO COMPANY
You agree that you will not receive interest or other earnings on the funds that Company handles and places in pooled accounts. Company does not typically receive interest on funds held for its users. However, in consideration for your use of the service, you irrevocably transfer and assign to Company any ownership right that you may have in any interest that may accrue on funds held in pooled accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants Company any ownership right to the principal of the funds you maintain with Kashmi.

SETOFF OF PAST DUE AMOUNTS
If you have, for whatever reason, a past due amount to Company, Company may make attempts on your funding source or Kashmi balance to cover the amounts. If Company is unable to recover the funds from your primary funding source, Company may attempt to contact you, Company may recover the funds from your alternate funding sources, or may take other legal actions to collect any amounts that are more than 14 days past due, to the extent allowed by applicable law.

SECURITY INTEREST
To secure your performance of this Agreement, you hereby grant to Company a lien on and securi-ty interest in your account and agree to execute any further documentation to perfect these Com-pany rights.

ADDING MONEY
You may add funds from your Kashmi App account by transferring funds from your credit card, debit card or bank account. We may provide limited top-ups to your Kashmi account depending on approval of transactions by your bank, credit card or debit card provider. We may also limit top-up amounts based on MAS regulations or at our sole discretion.

Kashmi also reserves the right to charge users a fee for topping up their Kashmi account. The na-ture and extent of such fees are at the sole discretion of Kashmi.

The Company will make every effort to inform users of such charges through all available channels such as email, push and in-app messaging.

Please see our FAQs (please insert hyperlink to FAQs) and Help Center for further details on limits and fees in this area.

As we sometimes channel our credit card processing with Overseas Banks, your bank may charge you an international FX fee or overseas transaction fee. Kashmi is not liable for this fee.

Kashmi is also not liable for instances where your bank may classify a top-up as a “cash advance.”

WITHDRAWAL LIMITS
Please see our Help Center or FAQs for more details on any applicable withdrawal limits. We re-serve the right to delay withdrawals while we screen for risk, or request you provide additional in-formation to verify your identity and we may limit the amount you can withdraw until the information is verified.

We may, at our discretion, impose limits on the amount of money you can withdraw from your Kashmi account within a given time frame. These limits may change from time to time in Kashmi’s sole discretion.

Kashmi also reserves the right to impose fees or charges on withdrawals at its sole discretion. The Company will make every effort to inform users of such charges through all available channels such as email, push and in-app messaging.

WITHDRAWING MONEY

  1. How to withdraw
    You may withdraw funds from your Kashmi App account by electronically transferring them to your bank account. We may provide limited withdrawals to debit card depending on what product is enabled and approved on your account. We may also limit withdrawal amounts based on MAS regulations and at our sole discretion.
  2. Transfers to your linked financial institution accounts
    When you transfer money from your Kashmi App balance to your linked financial institution ac-count(s), the ACH Rules will govern the transfer.

CLOSING YOUR ACCOUNT

  1. How to Close Your Account
    As long as there are no pending or in progress transactions, you may close your account at any time by contacting Kashmi in writing and requesting that your account be closed. You may send an email to support@kashmi.com. Any remaining balance, pending fees and clearance from Kashmi, will be sent to the user via bank transfer to the bank account on file, unless otherwise instructed. Customer information will be held in the Kashmi database for a minimum period of 5 years.
  2. Limitations on Closing Your Account
    You may not close your account to evade a payment investigation. If you attempt to close your ac-count while we are conducting an investigation, we may hold your funds for up to 180 days to pro-tect Company or a third party against the risk of reversals, chargebacks, claims, fees, fines, penal-ties and other liability. You will remain liable for all obligations related to your account even after the account is closed.

    Any balances held in your Kashmi account at the time of account closure will be refunded to you via bank transfer after any deduction of fees or charges. Settlement of existing balance will not be handled by cash settlement.

ITEM HOLD
Company, in its sole discretion, may place a hold on a payment you receive for a transaction when Company believes there may be a high level of risk associated with the transaction. If Company places a hold on your payment, it will show as “pending” in your Kashmi App account.

  1. Release of Item Hold
    Company will release the payment hold after 21 days unless we receive a dispute, claim, charge-back, or reversal on the transaction subject to the hold. Company may release the hold earlier if the sender of funds provides us confirmation, Company is able to confirm proper delivery, or Company otherwise completes its investigation.
  2. Additional Hold Period
    If you receive a dispute, claim, chargeback, or reversal on the transaction subject to the item hold, Company may hold the payment in your account until the matter is resolved pursuant to this Agreement.
  3. Account Hold and Reserves
    For high volume accounts, including business accounts, Company may, in its sole discretion, place a reserve on funds held in your account when it believes there may be a high level of risk asso-ciated with your account. If your account is subject to a reserve, Company will provide you with notice specifying the terms of the reserve. The terms may require that a certain percentage of the amounts received into your account are held for a certain period of time, or that a certain amount of money is held in reserve, or anything else that Company determines is necessary to protect against the risk associated with your account. Company may change the terms of the reserve at any time by providing you with notice of the new terms.

TERMINATION
Upon termination of this Agreement for any reason, we have the right to prohibit your access to the Kashmi App, including without limitation by deactivating your username and password, and to refuse future access to the Kashmi App by you or if a business entity, its parent, affiliates or sub-sidiaries or its or their successors.

RULES AND RESTRICTIONS FOR PERSONAL ACCOUNTS
The following Rules and Restrictions for Personal Accounts apply to your use of a Personal Ac-count under this Agreement.

  1. Receiving Money
    Please see Help Center for more details on limits, including limits on receiving and sending money. These limits may change from time to time in Kashmi’s sole discretion. At present, you may not receive any sum of money that would cause your Kashmi balance to exceed a balance of S$999.
  2. Transaction Fees for Receiving Money
    Kashmi does not currently charge users for receiving money. These fees may change from time to time in Kashmi’s sole discretion.
  3. Error in Receiving Money
    In the event of an error, you give Company permission, subject to Company’s compliance with ap-plicable law, to make appropriate corrections by debiting or crediting your Kashmi App balance, or debiting or crediting your primary or alternate funding sources as applicable.
  4. Loss or Theft of Account Information, PIN, and Mobile Device
    If you believe that any of your Kashmi App account registration information, PIN or mobile device containing the Kashmi App has been lost or stolen, or if your account history shows transfers that you did not make, you must immediately contact Company via the Contact Us information below or by email to support@kashmi.com. If you contact Company within two Business Days after learning of the loss or theft, then your liability shall not exceed the lesser of S$50.00 or the amount of unauthorized transfers that took place on your account before you provided notice to Company. If you do not contact Company within two Business Days of learning of the loss or theft, then your liability shall not exceed the lesser of (a) S$500.00 or (b) the sum of (i) the lesser of S$50.00 or the amount of unauthorized transfers that occur within two Business Days of learning of the loss and (ii) the amount of unauthorized transfers that occur after the close of two Business Days and before notice to Company, provided that Company can establish that the transfers would not have occurred had you notified Company within two Business Days of the loss.
  5. Account Errors
    If your account history shows transfers you did not make, you must immediately contact Company via the Contact Us information below or by email tosupport@kashmi.com. If you do not contact Company within 60 days after the account history showing the unauthorized transfer was made, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. Business Days include all days on which the Monetary Authority of Singapore is open for business.

RULES AND RESTRICTIONS FOR BUSINESS ACCOUNTS
The following Rules and Restrictions for Business Accounts apply to your use of a Personal Ac-count under this Agreement.

  1. Receiving Money
    Except as may be otherwise provided by applicable law, your Kashmi balance cannot exceed the sum of S$999 at any given time. There are limits on the amount you may send using Kashmi App. There are also limits on the amount you can top-up or withdraw in a given timeframe. Please see our Help Center for more details on limits, including limits on receiving and sending money. These limits may change from time to time on Kashmi’s sole discretion and the requirements to lift or change those limits may vary based on product usage and/or local regulatory requirements.
  2. Error in Receiving Money
    In the event of an error, you give Company permission, subject to Company’s compliance with ap-plicable law, to make appropriate corrections by debiting or crediting your Kashmi App balance, or debiting or crediting your primary or alternate funding sources as applicable.
  3. Credit Authorization
    If you open a business account, you are providing us with written instructions and authorization in accordance with the Singapore Companies Act to obtain your personal and/or business credit re-port from a credit bureau. You are also authorizing us to obtain your personal and/or business credit report: (a) when you upgrade your personal account to a business account, or at any time we reasonably believe there may be an increased level of risk associated with your business account. An increased level of risk includes, but is not limited to, a high number of chargebacks or reversals, or suspicious activity associated with your account.
  4. Representations
    If you are a business entity, you represent that you are duly authorized to do business in Singapore; and your employees, officers, representatives, and other agents accessing Kashmi App are duly authorized to access Kashmi App and to legally bind you to this User Agreement and all transactions conducted under your username and password.
  5. Authority of Officers and Employees
    If you are a business entity, you agree that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by you with the authority to use the Kashmi App and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, that access the Kashmi App using your user name and password. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.
    MOBILE APPLICATIONS – KASHMI APP

THIRD PARTY OPERATING SYSTEM PROVIDERS, PHONE MANUFACTURERS, AND WIRELESS CARRIERS
The Kashmi mobile application work on an application linked to a particular device and operating system, such as Apple’s iOS operating system. Company is solely responsible for providing main-tenance and support services for the Service. Covered Third Parties have no obligation to provide maintenance or support services for the Services.

Covered Third Parties have no warranty obligations whatsoever with respect to the Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Services to conform to any warranty provided by Company, if any, will be Company’s sole respon-sibility.

Company, not any Covered Third Parties, is responsible for addressing any claims relating to the Services, including, but not limited to: (i) product liability claims; (ii) any claim that a Service fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer pro-tection or similar legislation; and (iv) intellectual property claims. Please see the Contact Us section below for how to contact Company.

If you are using a Service on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems, which participate in the Services.

SERVICES VIA SMS OR MOBILE DATA
The Kashmi App allows you to send and receive payments through your mobile phone via SMS or mobile data plan. If you use the Services on your mobile phone, you are responsible for any fees that your phone service provider charges for SMS, data services, etc. Your phone service provider is not the provider of the Kashmi Services.

GENERAL TERMS AND CONDITIONS. THE FOLLOWING ARE GENERAL TERMS AND CONDITIONS THAT APPLY TO THE KASHMI APP

  1. Notices to You
    You agree that Company may provide notice to you by posting it on our website (including but not limited to rules for companies operating Stored Value Facilities, Privacy Policy and security state-ment documents), or if we have your email address or street address, by emailing it to the email address listed in your account or mailing it to the street address listed in your account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. Compa-ny’s Business Days include all days on which the Monetary Authority of Singapore is open for business. We may also provide notice when you access a Participating App or the Kashmi App mobile application. If we make material changes to our Agreements with you, we will provide 10 days notice to you before the changes become effective.
    You acknowledge and agree that we will provide the notice to you in accordance with our Consent to Receive Electronic Disclosure Policy. If you do not consent or at any time withdraw your consent to receive electronic notices from us, we reserve the right to close your accounts.
  2. Notices to Company
    Notice to Company must be sent by postal mail to: Kashmi Singapore Pte Ltd, Attention: Legal Department, 06-03 Makeway View, 02 Makeway Avenue, 228599.
  3. Calls to You
    By providing Company a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded message calls from Company at that number should the need arise. However, we will never call you for promotional purposes.
  4. Kashmi Websites
    The Company websites may feature third party offers and enable product searches. Company does not warrant that product descriptions, pricing, search results, user ratings and reviews or any other content on Company websites is accurate, complete, reliable or current. This information is provided for informational purposes only and does not constitute an endorsement by Company of any product, service or vendor.
  5. Intellectual Property
    “Kashmi.com”, “Kashmi”, and all related logos, products and services described in our website and mobile applications are either trademarks or registered trademarks of Company or its licensors. You may not copy, imitate or use them without Company’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Company through our vendor services, SMS tools, promo-tional tools or affiliate programs without prior written consent for the purpose of directing web and SMS traffic to the service. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Company or the Service or display them in any manner that implies Company’s sponsorship or endorsement. All right, title and interest in and to the Kashmi website and any content thereon is the exclusive property of Company and its licensors.

    Certain other product or service names, brand names and company names may be trademarks of their respective owners.

  6. Taxes
    It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authori-ty. Company is not responsible for determining whether taxes apply to your transaction, or for col-lecting, reporting or remitting any taxes arising from any transaction.
  7. Privacy
    Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

    If you receive information about another Kashmi App user through the service, you must keep the information confidential and only use it in connection with the service. You may not disclose or dis-tribute a Kashmi App user’s information to a third party or use the information for marketing pur-poses unless you receive the user’s express consent to do so.

  8. Children’s Privacy
    Protecting the privacy of young children is especially important. For that reason, we do not kno-wingly collect or solicit personal information from anyone under the age of 13 or knowingly allow anyone under 18 to register with our Services. If you are under 13, please do not send any infor-mation about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal or payment information to us through the Services. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at the infor-mation provided below in the “Contact Us” section.
  9. Loss or Theft of Account Information, PIN, and Mobile Device
    If you believe that any of your Kashmi App account registration information, PIN or mobile device containing the Kashmi App has been lost or stolen, or if your account history shows transfers that you did not make, you must immediately contact Company via the Contact Us information below or by email tosupport@kashmi.com. If you contact Company within two Business Days after learning of the loss or theft, then your liability shall not exceed the lesser of S$50.00 or the amount of unauthorized transfers that took place on your account before you provided notice to Company. If you do not contact Company within two Business Days of learning of the loss or theft, then your liability shall not exceed the lesser of (a) S$500.00 or (b) the sum of (i) the lesser of S$50.00 or the amount of unauthorized transfers that occur within two Business Days of learning of the loss and (ii) the amount of unauthorized transfers that occur after the close of two Business Days and before notice to Company, provided that Company can establish that the transfers would not have occurred had you notified Company within two Business Days of the loss.
  10. Account Errors
    If your account history shows transfers you did not make, you must immediately contact Company via the Contact Us information below or by email tosupport@kashmi.com. If you do not contact Company within 60 days after the account history showing the unauthorized transfer was made, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. Business Days include all days on which the Monetary Authority of Singapore is open for business.
  11. Restricted Activities
    In connection with your use of our website, your account, or the Services, or in the course of your interactions with Company, a user or a third party, you will not:

    • breach this Agreement, the card processing Agreement, or anyother Agreement that you have entered into with Company (including a policy);
    • violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
    • infringe Company’s or any third party’s copyright, patent, trademark, trade secret or other intel-lectual property rights, or rights of publicity or privacy;
    • act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
    • provide false, inaccurate or misleading Personal Information;
    • create more than one Kashmi App account for yourself, through, among other methods, using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified Personal Information;
    • send or receive what we reasonably believe to be potentially fraudulent funds;
    • refuse to cooperate in an investigation or provide confirmation of your identity or any Personal Information you provide to us;
    • attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Company and the recipient of funds, bank, or credit card issuer for the same transac-tion;
    • use an anonymizing proxy;
    • control an account that is linked to another account that has engaged in any of these restricted activities;
    • control or possess more than one account without authorization from Company;
    • conduct your business or use the services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Company, a user, a third party or you;
    • use the Service to make transactions for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;
    • have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the services;
    • use your account or the services in a manner that Company, Visa, MasterCard, American Ex-press or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
    • allow your Kashmi account to have a negative balance; provide yourself a cash advance from your credit card (or help others to do so);
    • disclose or distribute another Kashmi App user’s Personal Information to a third party, or use the information for marketing purposes unless you receive the users express consent to do so;
    • send unsolicited email to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
    • take any action that imposes an unreasonable or disproportionately large load on our infrastruc-ture;
    • facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
    • use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
    • use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the services;
    • take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
    • use the Service to test credit card behaviors.
  12. Acceptable Use
    You agree you will not use the Services to violate any law, statute, ordinance or regulation Relating to sales of:

    • counterfeit goods;
    • narcotics, steroids, certain controlled substances or other products that present a risk to con-sumer safety,
    • drug paraphernalia,
    • items that encourage, promote, facilitate or instruct others to engage in illegal activity,
    • items that promote hate, violence, racial intolerance, or the financial exploitation of a crime,
    • items that are considered obscene,
    • items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
    • certain sexually oriented materials or services,
    • ammunition, firearms, or certain firearm parts or accessories, or
    • certain weapons or knives regulated under applicable law


    Relating to transactions that:

    • show the personal information of third parties in violation of applicable law,
    • support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs,
    • are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card,
    • are for the sale of certain items before the seller has control or possession of the item,
    • are by payment processors to collect payments on behalf of merchants,
    • are associated with the sale of traveler’s checks or money orders,
    • involve currency exchanges or check cashing businesses or digital currencies such as bitcoins, or
    • provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent
    • are otherwise related to illegal activity, gambling, pornography, obscene material or otherwise objectionable content or activities,


    Violating applicable laws or industry regulations regarding the sale of:

    • tobacco products, or
    • prescription drugs and devices involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Kashmi and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law. provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
  13. Legal Compliance
    You are solely responsible for ensuring that your use of the Services is in conformance with appli-cable local laws and regulations. By using the Services, you warrant and represent that (i) you are not located in a country that is subject to a Singapore Government embargo, or that has been des-ignated by the Singapore Government as a “terrorist supporting” country; and (ii) you are not listed on any Singapore Government list of prohibited or restricted parties.
  14. Your Liability – Actions We May Take
    You are solely responsible for ensuring that your use of the Services is in conformance with appli-cable federal, state and local laws and regulations. By using the Services, you warrant and represent that (i) you are not located in a country that is subject to a Singapore Government em-bargo, or that has been designated by the Singapore Government as a “terrorist supporting” coun-try; and (ii) you are not listed on any Singapore Government list of prohibited or restricted parties.
  15. Your Liability
    You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Company, a Kashmi user, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services. You agree to reimburse Company, a user, or a third party for any and all such liability.

    You acknowledge that you are responsible for the accuracy of all payments sent using the Kashmi Services, including but not limited to the accuracy of the amount paid and the recipient. Company shall not be responsible or in any way held liable due to inaccurate payments, including but not li-mited to sending an incorrect amount of money or sending money to an incorrect recipient.

  16. Actions by Company
    If we have reason to believe that you have engaged in any restricted activities, made excessive or unexplainable transactions, violated any parts of this Agreement or provided any incorrect informa-tion, we may take various actions to protect Company, another Services user, a third party, or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

    • We may close, suspend, or limit your access to your account or the Services (such as limiting access to any of your funding sources, and your ability to send money, make withdrawals, or re-move financial information);
    • we may contact users who have sent you money, contact your bank or credit card issuer, and warn other users, law enforcement, or impacted third parties of your actions;
    • may update inaccurate information you provided us;
    • we may refuse to provide our Services to you in the future;
    • we may hold your funds for up to 180 days if reasonably needed to protect against the risk of lia-bility;
    • and we may take legal action against you.
    • Company, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
  17. Account Closure, Termination of Service, or Limited Account Access
    If we limit or close your account or terminate your use of our Services for any reason, you may contact us and request restoration of access if appropriate. However, if we deem you violated this Agreement, restoration is at our sole discretion.
    You may stop using the Service at any time or may close your accounts by contacting us. Compa-ny, in its sole discretion, reserves the right to terminate the Services, to terminate this Agreement, or to terminate your access to the Services for any reason and at any time. If we terminate or limit your use of our Services for any reason, we will use commercially reasonable efforts to provide you with notice of our actions.
  18. Policy Violation – User Fines
    If Company incurs any damages because you violate our policies, break any laws, or otherwise cause Company to suffer any damages or incur any expenses then we may hold your funds up to 180 days, fine you for each such violation and take legal action against you to recover additional losses, investigation costs, finds, or legal fees we may incur. You acknowledge and agree that a fine of S$2,500.00 for violations of our Agreement is presently a reasonable minimum estimate of Company’s damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to Company that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. Company may deduct such fines directly from any existing balance in the offending account, or any other Kashmi account you control.
  19. Disputes with Company
    If a dispute arises between you and Company, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Company regarding our services may be reported by emailing us.
  20. Law and Forum for Disputes; Arbitration
    This User Agreement shall be governed in all respects by the laws of Singapore, without regard to conflict of law provisions.

    ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS USER AGREEMENT MUST BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR WITH EXPERIENCE IN CONSUMER ONLINE PAYMENT SERVICES DISPUTES ADMINISTERED BY THE SINGAPORE INTERNATIONAL ARBITRATION CENTER (“SIAC”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SIAC SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. The forum for arbitration shall be in the city closest to your residence having a federal district courthouse. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this User Agreement including, but not limited to, any claim that all or any part of this User Agreement is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any non-frivolous claim, Company will pay the costs of the arbitration (but not your attorney fees), up to S$1,000.

    This User Agreement and each of its parts evidence a transaction involving interstate commerce, and International Arbitration Act shall apply in all cases and govern the interpretation and enforce-ment of the arbitration rules and arbitration proceedings.

    There are only two exceptions to this arbitration Agreement. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of S$500 or less may, at the option of the claiming party, be resolved in small claims court in Singa-pore, if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, you agree to submit to the personal jurisdiction of the courts located within Singapore for the purpose of litigating such claims or disputes.

    1. Waiver of Right to Jury; Class Action Waiver
      TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
    2. Liability of Company for Failure to Complete Transfers
      If Company does not complete a transfer to or from your account, or using your saved payment information, on time or in the correct amount according to this Agreement, Company will be liable for your losses or damages to the extent required by law. However, Company is not responsible for the actions of the persons to whom you send a transfer, or from whom you receive a transfer. In addition, Company will not be liable:

      • If, through no fault of Company’s, you do not have enough money in your balance, and Company is unable to charge the transaction to your linked credit card, for reasons including but not limited to you exceeding any applicable credit limit;
      • the funds in your account are subject to legal process or other encumbrance restricting their use;
      • If the Kashmi Services were not working properly and you knew about the breakdown when you started the transfer;
      • If the failure results from a failure of a financial institution that issues the credit card or debit card linked to your account, or Company is unable to access a linked credit card for any reason other than due to Company’s fault;
      • If you provided inaccurate or incomplete information regarding the transfer;
      • If the transfer appears suspicious, fraudulent, or unauthorized, and Company cannot confirm that it is a legitimate transfer, or if the account of either user involved in the transfer is under investi-gation by Company or if the transfer is or appears to be prohibited by any applicable law or rules
  21. Disclaimers of Warranty; Damages Exclusions
    Unless otherwise prohibited by law, you assume all responsibility for your use of Kashmi App, and any other service provided under this Agreement and use it at your own risk. To the fullest extent permissible under applicable law, all such representations, warranties, guarantees and conditions are disclaimed, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of intellectual property rights, or other terms which might otherwise be implied by statute, common law or in equity. Company does not warrant that the ser-vices will be uninterrupted or error-free, that defects will be corrected, or that the services, or the servers that process information for the services, are free of viruses, bugs or other harmful compo-nents. On behalf of Company, Covered Third Parties, and each of our respective affiliates, ven-dors, agents and suppliers, Company makes the following disclaimers set forth in this section: the services are provided on an “as is”, “as available” and “with all faults” basis, without any represen-tations, warranties, guarantees, or conditions of any kind, express, implied or statutory, including, but not limited to, any warranty as to the use or operation of the services, or the information, con-tent or other materials related to the services, whether provided by Company or any of the Covered Third Parties. Neither Company nor any of the Covered Third Parties warrant nor make any representations regarding the use or the results of the services in terms of correctness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost of all necessary maintenance, repair, or correction to any equipment you use in accessing any of the services, including, but not limited to, your mobile phone or other device.

    COMPANY IS NOT LIABLE FOR THE CONSEQUENCES OF YOU CHOOSING TO SHARE ANY PAYMENT DETAILS ON SOCIAL MEDIA OR WITHIN THE KASHMI APP, AND YOU AGREE TO HOLD COMPANY HARMLESS AND INDEMNIFY COMPANY FROM ANY LIABILITY arising from the actions or inactions of any external social media network in connection with the permissions you grant to the external social media network.

    Neither Company, the Covered Third Parties nor any of their respective affiliates, vendors, agents or suppliers will be liable for, and you agree not to seek against any of the foregoing, any damages of any kind arising from the use of the services, including, but not limited to, indirect, special, inci-dental, punitive, exemplary, consequential damages or damages resulting from the use of service, loss of use of the service, lost data, lost profits, or business interruption arising out of or in any way connected with the use of the services, any delays in the services, or the inability to use the ser-vices, or any portion thereof, whether based on contract, tort, negligence, strict liability or otherwise, even if all or any of us have been advised of the possibility of such damages and even if any remedy fails of its essential purpose.

    Company does not have any control over any products or services that are paid for with our ser-vices and Company cannot ensure that any party you are dealing with will actually complete the transaction or is authorized to do so.

    For Kashmi App, Company will make reasonable efforts to ensure that requests for electronic de-bits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Company makes no representations or warranties regarding the amount of time needed to complete processing because Company is dependent upon many factors outside of our control, such as delays in the banking system or the Singapore or international mail service.

    OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE DISCLAIMERS AND EXCLU-SIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

  22. Limitations on Liability
    Except as otherwise EXPRESSLY provided in this agreement, and to the extent permissible under applicable law, Company’s cumulative liability to you for any claims or damages arising out of or related to your use of Kashmi App or any other Kashmi service shall not exceed the greater of the fee you paid to Company for the use of the service or S$1.00.

    These limitations on liability apply to: anything related to a service or any application or content made available through any such service; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limitations on liability also apply even if: repair, replacement or a refund for the service does not fully compensate you for any losses; or Company or a Covered Third Party knew or should have known about the possibility of the damages.

    These limitations on liability will apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.

    Some states or other jurisdictions do not allow the limitation of liability so the foregoing limitations may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

  23. License Grant
    Certain Services require the use of software and software applications provided to you by Compa-ny (collectively “Software”). Company and its licensors grant you a limited, nonexclusive license to use Company’s Software in Singapore that we provide to you solely in accordance with this Agreement and any user documentation we may provide, including all updates, upgrades, new versions and replacements of the Software (all of which become part of the “Software”) for your personal use only in accordance with this Agreement. If the Software will be downloaded to a mo-bile device, this license extends to your use of the Software on a device that you own or control, as long as your use is permitted by the usage rules set forth for your particular device (for example, the Apple App Store Terms of Use). You may not rent, lease or otherwise transfer your rights in the Software to a third party. You must comply with the implementation and use requirements for the Software contained in this Agreement or in any Services documentation we provide to you. If you do not comply with such implementation and use requirements, you will be liable for all resulting damages suffered by you, Company or any third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise at-tempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to Company’s software are owned by Company. Your rights to use the Software cease immediately upon termination of this Agreement and you must delete all of your copies of the Software.
  24. Indemnification
    You agree to defend, indemnify and hold harmless Company and its parent, affiliates, officers, di-rectors and employees from any claim or demand (including any damages, losses, expenses and attorneys fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.
  25. Assumption of Rights
    If Company makes a payment to you for a claim, reversal or chargeback that you file with us against a recipient of your payment, you agree that Company assumes your rights against the re-cipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in Company’s discretion.
  26. Release of Company
    If you have a dispute with one or more Kashmi App users relating to payment, Kashmi is not re-sponsible for any such dispute and you hereby release Company (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
  27. Modification of Terms
    We may amend this Agreement at any time by posting a revised version on our website. The re-vised version will be effective at the time we post it unless it contains material changes. If we make material changes to our Agreements with you, we will provide 10 days notice to you before the changes become effective. By using the Services after a new Agreement has been posted, you agree to the revised Agreement.
  28. Survival
    In the event of termination of this Agreement or the Services, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.
  29. Force Majeure
    We shall not be liable for any delay or failure in the performance or in delivery or shipment of mate-rials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunica-tions or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not simi-lar to those enumerated herein.
  30. Miscellaneous
    This Agreement and other documents (including but not limited to the Privacy Policy) referenced in or linked to this Agreement, which are hereby incorporated herein and made a part of this Agree-ment by this reference, contain yours and our entire Agreement regarding your use of the Service. If any provision of this Agreement is deemed to be illegal or unenforceable, such provision shall be enforced to the extent possible, and any remaining illegality or unenforecability will not affect the validity or enforceability of any other provisions of this Agreement, which together will be construed as if such illegal or unenforceable provision had not been included in this Agreement. Any legal action arising out of your use of the Services must be brought within one year after the cause of action has arisen. The section headings in this Agreement are for convenience of reference only and are not to be considered as parts, provisions or interpretations of this Agreement. You may not transfer or assign any rights or obligations you have under this Agreement without Company’s prior written consent. Company reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. Independent Contractors. The parties agree they are independent contractors to each other in performing their respective obligations hereunder. Nothing in this Agreement or in the working rela-tionship being established and developed hereunder shall be deemed or is intended to be deemed, nor shall it cause, the parties to be treated as partners, joint ventures, or otherwise as joint asso-ciates for profit.

HOW TO CONTACT US
If you have questions or concerns regarding this Agreement, or any feedback that you would like us to consider, please email us at support@kashmi.com. You may also write to us at Kashmi, Attn: Legal Department, 06-03 Makeway View, 02 Makeway Avenue, Singapore 228599.