OlyCash User Agreement

 
Effective Date: April 15, 2017
 
Welcome to OlyCash!
 
This user agreement is a contract between you and OlyConnect Technologies Ltd hereafter referred to as “OlyCash” that governs your use of your OlyCash account and the OlyCash services. It applies to OlyCash accounts in the physical location of access of this service.  For an individual to open an OlyCash account and use the OlyCash services, you must be the age of majority in your state or country of residence.  For a business to open an OlyCash account and use the OlyCash services, the business must be organized in, operating in, or resident of, the country of registration of the OlyCash account as specified on its business address.
 
By opening and using a OlyCash account, you agree to comply with all of the terms and conditions in this user agreement, so please read all of the terms and conditions carefully. 
 
We may amend this user agreement at any time by posting a revised version on our website.  The revised version will be effective at the time we post it.  If we change the user agreement in a way that reduces your rights or increases your responsibilities, we will provide you with 30 days’ prior notice by posting notice on the top of this page of our website.
 
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Opening an Account
 
We know people use OlyCash for different reasons. Some people use it to pay bills, other people use it to buy and sell things online or in stores. Still others run full-time online businesses using a OlyCash account to accept payments. We offer three types of accounts: shopper accounts (Shopper), cash point accounts (OlyBoss) and business accounts (Seller).
 
All OlyCash accounts let you do things like:
 
  • Pay bills to your service providers.
  • Buy things online, using mobile devices or in stores.
  • Make profit from your cash through electronic accounts by selling OlyCash codes to shoppers
  • Accept cash payment online.
  • And many other current and future service options
 
You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to pay or access your OlyCash account and the OlyCash services. You are responsible for keeping your mailing address, email address and other contact information up-to-date in your OlyCash account profile.
 
 
 
Closing Your OlyCash Account.
 
When you close your OlyCash account, we will cancel any scheduled or incomplete transactions. You must withdraw any OlyCash balance from your OlyCash account prior to closing it.  You cannot withdraw OlyCash balances associated with issued codes. However, even without your OlyCash account, you can still use the payment debit codes you still have to make purchases. 
 
You will remain liable for all obligations related to your OlyCash account even after the OlyCash account is closed.
 
In certain cases, you may not close your OlyCash account, including:
  • To evade an investigation.
  • If you have open OlyCash Credit linked to your OlyCash account; however, your OlyCash account can be restricted at your request so it is only open to enable you to service your OlyCash Credit.
     
  • If you have a pending OlyCash transaction, we will not close your OlyCash account until that transaction has been completed, but we may limit your ability to make additional transactions using your OlyCash account.
     
  • If you have a pending transaction or an open dispute or claim.
     
  • If your OlyCash account has a negative balance.
     
  • If your OlyCash account is subject to a hold, limitation or reserve.
 
 
Link or Unlink a Payment Method
 
You can link or unlink a debit card, credit card, a bank account to your OlyCash account as a payment method to add funds to your OlyCash account. Please keep your payment method information current (e.g., credit card number and expiration date).  If this information changes, we may update it as directed by your bank or card issuer without any action on your part.  You may choose to confirm your card, so that we can verify that the card is valid and that you are the card owner.  To do this, we will charge an amount to the card (the total of which communicated to you in a confirmation message beforehand).  After the card is confirmed, we will immediately refund this amount to the card.
 
 
 
Holding an OlyCash Balance
 
Money that you receive from other OlyCash account holders through in-account transfers or added by you from your linked accounts is held as a balance in your OlyCash account.  Any OlyCash balance you hold represents an unsecured claim against OlyCash and is not insured by the local insurance.
 
 
 
Adding or Withdrawing Money
 
Adding money: You may transfer money to your OlyCash balance from any bank account, electronic payment account (e.g., OlyCash) or credit or debit card linked to your OlyCash account by requesting an electronic transfer from your bank account or payment provider.  You don't need an OlyCash balance to keep your OlyCash account active.  You may use the payment methods linked to your OlyCash account to fund transactions you make using your OlyCash account.
 
Withdrawing money: If you have an OlyCash balance, you may withdraw it by:
  • Transferring it to a linked bank account, card or payment provider,
  • Withdrawing it at a fee from a cash point user (OlyBoss),
  • Visiting a participating bank to withdraw cash. This method is encouraged for large sums of money for your security.
 
We may delay a withdrawal, in certain situations, including if we need to confirm that the withdrawal has been authorized by you or if other payments to your OlyCash account have been reversed (for example, as a result of a chargeback, bank reversal or dispute by another user involved in the transaction).  Additionally, if we place a limitation on your OlyCash account while a withdrawal from your OlyCash account is pending, you will have to reinitiate the withdrawal once the limitation has been lifted.
We may set limits on your withdrawals, and you can view your withdrawal limit, if any, by logging into your OlyCash account.  
 
 
 
Managing Your Money in Multiple Currencies
 
Holding OlyCash balance in a currency other than U.S. dollars: Your OlyCash balance may be held in any of the currencies supported by OlyCash, and you may hold an OlyCash balance in more than one of these currencies at the same time.  You are responsible for all risks associated with maintaining an OlyCash balance in multiple currencies.  You may not manage multiple currencies for speculative trading purposes.
 
Currency conversion: Some uses of your OlyCash account require a currency conversion.  If OlyCash converts the currency, we will use a wholesale exchange rate (adjusted from time to time based on market conditions) to perform the conversion.  
 
For the purchasing and send money transactions that involve a currency conversion from the currency of deposit, you’ll be charged an additional 3.0% of the amount of the transaction, on top of the wholesale exchange rate, as a currency conversion “spread”.  
 
When you purchase goods from a merchant who accepts payment only in a specific currency that you do not hold in your OlyCash balance, the currency conversion will occur at the time your transaction is processed and the wholesale exchange rate in effect at the time of the transaction will be used for this currency conversion.
 
When your payment is funded by a debit or credit card and requires a currency conversion, you consent to and authorize OlyCash to convert the currency in place of your debit or credit card issuer.  You have the right to have your card issuer perform the currency conversion and can choose this option during checkout on your transaction review page before you complete the transaction.  If your card issuer converts the currency, you’ll be charged a rate set by them (shown on your statement), and you’ll be subject to any fees and terms set by them related to the conversion.
OlyCash will always perform the conversion for deposits or withdrawals from the OlyCash account.
 
 
 
Account Statements and Requesting Account Records in Writing
 
You have the right to receive an account statement showing your OlyCash account activity. You may view your OlyCash account statement by logging into your OlyCash account.
 
In the event you request that we send you written records related to your OlyCash account, we may charge you a pre-communicated fee in a confirmation message.  We will not charge you for records requested in connection with your good-faith assertion of an error in your OlyCash account.
 
 
 
Fees
 
OlyCash will charge fixed rates for transactions which are always posted on our public website under the “Pricing” page. However, our cash-point users or transaction partners may charge variable fees to make profit for providing you convenience to access your cash or other OlyCash services. You are encouraged to look for the best such partner or user for your needs. OlyCash may recommend through your transaction profile, filters or by search results but does not dictate your preferences on which one you should interact with.
 
 
 
Payment review
 
When OlyCash identifies a potentially high-risk transaction, we review the transaction more closely before allowing it to proceed.  When this happens, OlyCash will place a hold on the transaction and notify the seller to delay shipping of the item.  As a buyer, this may delay your receipt of the item you purchased.  If we clear the transaction, we will notify the seller and direct them to ship the item.  If we don’t clear the transaction, we will cancel it, notify you and return the funds to your code.
 
 
 
Preapproved payments
 
You can agree with a seller who accepts OlyCash to use OlyCash as the payment method for future purchases with that seller.  This agreement is between you and the seller and allows the seller to take funds from your OlyCash code and OlyCash balance for future withdrawals with your authorization either on a one-time, regular or sporadic basis.  Preapproved payments of this type are sometimes called a “billing agreement,” "subscription," "recurring payment,” “reference transaction,” "preauthorized transfer" or "automatic payment."
 
You may cancel a preapproved payment up to 3 Business Days before the date of the next scheduled payment by contacting us through your OlyCash account profile or by using our Contact Us form.  Once you contact OlyCash to cancel a preapproved payment, all future preapproved payments under your agreement with that seller will be stopped.  If you cancel a preapproved payment, you may still owe the seller money for the purchase or have additional obligations to the seller for any goods or services that you receive but have not paid for.
 
If a preapproved payment will vary in amount, you have the right to advance notice of the amount and date of the transfer from the seller at least 10 days before the transfer is made.  If the seller provides the option, you may choose to receive this advance notice only when the amount of your preapproved payment will fall outside a range established between you and the seller.
 
 
 
Refunds
 
When you buy something from a seller online using OlyCash and the transaction is ultimately refunded, the money will be refunded to the code used to pay for the transaction. If this transaction was funding your OlyCash account, the funds are returned to your bank account, card or payment provider.  
 
When you buy something from a seller using OlyCash that required a currency conversion and a refund is issued:
  • Within 60 days of the date of the original payment, the exchange rate used at the time of the original payment is used.
  • Beyond 60 days of the date of the original payment, the exchange rate on the date of the refund is used.
 
The approval and processing of a refund is at the discretion of OlyCash and will only be applicable to physical item sales that require shipment or pickup. Ineligible items include items illegal in the country of the shopper, real estate, business purchase, vehicles, financial products or investments, donations gift cards, gambling or gaming placements, and any other such transactions.
 
 
 
Claims for Item Not Received or Significantly Not as Described
 
Your claim will not qualify for a refund for a claim of an Item Not Received if:
  • You collect the item in person, or arrange for it to be collected on your behalf, including if you use OlyCash in a seller’s store location, or
  • OlyCash has adequate proof from the seller indicating that the item was delivered or order was fulfilled.
  • If the seller presents evidence that they delivered the goods to your address, OlyCash may find in favor of the seller for an Item Not Received claim even if you did not receive the goods.
 
To obtain a refund for a claim of the Item Significantly Not as Described, the item must be materially different from the seller’s description of the item.
The following claims will qualify for a refund as Significantly Not as Described:
  • You received a completely different item. For example, you purchased a book and received a DVD or an empty box.
  • The condition of the item was misrepresented. For example, the item was described as “new” but the item was used.
  • The item was advertised as authentic but is not authentic (i.e. counterfeit).
  • The item is missing major parts or features and those facts were not disclosed in the description of the item when you bought it.
  • You purchased a set of three items but only received two.
  • The item was damaged during shipment.
 
The following claims will not qualify for a refund if claimed as Significantly Not as Described:
  • The defect in the item was correctly described by the seller in its description of the item.
  • The item was properly described but you didn't want it after you received it.
  • The item was properly described but did not meet your expectations.
  • The item has minor scratches and was described as “used."
 
 
 
 
Actions We May Take if You Engage in Any Restricted Activities
 
If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect OlyCash, its customers and others at any time in our sole discretion.  The actions we make take include, but are not limited to, the following:
  • Terminate this user agreement and/or close or suspend your OlyCash account, and we may refuse to provide OlyCash services to you in the future even with a valid code. 
  • Limit your access to our websites, software, systems (including any networks and servers used to provide any of the OlyCash services) operated by us or on our behalf, your OlyCash account or any of the OlyCash services, including limiting your ability to pay or send money with any of the payment methods linked to your OlyCash account, restricting your ability to send money or make withdrawals.
  • Hold your OlyCash balance for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy.
  • Suspend your eligibility for a refund as a shopper.
  • Contact buyers who have purchased goods or services from you using OlyCash, your bank or credit card issuer, other impacted third parties or law enforcement about your actions.
  • Update inaccurate information you provided us.
  • Take legal action against you.
  • If you’ve violated our User Policy and affected other users or user OlyCash balance, then you’re also responsible for damages to OlyCash caused by your violation of this policy.
  • If you are a seller and you violate this User Policy, then in addition to being subject to the above actions you will be liable to OlyCash for the amount of OlyCash's damages caused by your violation of the User Policy.  You acknowledge and agree that $2,500.00 U.S. dollars per violation of the User Policy is presently a reasonable minimum estimate of OlyCash's actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to OlyCash that reasonably could be anticipated because, due to the nature of the violations of the User Policy, actual damages would be impractical or extremely difficult to calculate.  OlyCash may deduct such damages directly from any existing OlyCash balance in any OlyCash account you control.
 
If we close your OlyCash account or terminate your use of the OlyCash services for any reason, we’ll provide you with notice of our actions and make any unrestricted funds held in your OlyCash account available for withdrawal.
 
You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by OlyCash, any OlyCash customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the OlyCash services. You agree to reimburse OlyCash, any OlyCash customer, or a third party for any and all such liability. You agree that OlyCash will seek legal representation and pursue legal action in your country of location even if OlyCash has no physical presence there.
 
 
 
 
 
Holds, Limitations, and Reserves
 
Under certain circumstances, in order to protect OlyCash and the security and integrity of the network of buyers, cash-point users and sellers that use the OlyCash services, OlyCash may take account-level or transaction-level actions.  Unless otherwise noted, if we take any of the actions described here, we’ll provide you with notice of our actions, but we retain the sole discretion to take these actions.  To request information in connection with an account limitation, hold or reserve, you should check your account for information or in the notice sent to you and follow the instructions in our email notice or text message with respect to the limitation, hold or reserve.
 
Our decision about holds, limitations and reserves may be based on confidential criteria that are essential to our management of risk and the protection of OlyCash, our customers and/or service providers.  We may use proprietary fraud and risk modeling when assessing the risk associated with your OlyCash account.  In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions.  We have no obligation to disclose the details of our risk management or security procedures to you.
 
 
Holds: A hold is an action that OlyCash may take under certain circumstances either at the transaction level or the account level.  When OlyCash places a temporary hold on a payment, the money is not available to either the sender or the recipient.  OlyCash reviews many factors before placing a hold on a payment, including: account tenure, transaction activity, business type, past customer disputes, and overall customer satisfaction.  Some common situations where OlyCash will hold payments include:
  • New sellers or sellers who have limited selling activity.
  • Payments for higher-risk categories like electronics or tickets, some unrestricted services.
  • Sellers who have performance issues, or a high rate of buyer dissatisfaction or disputes.
 
Holds based on OlyCash’s risk decisions: We may place a hold on payments sent to your OlyCash account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your OlyCash account, or your transactions or that placing such a hold is necessary to comply with government regulatory requirements.  We make decisions about whether to place a payment hold based on a number of factors, including information available to us from both internal sources and third parties.  When we place a hold on a payment, the funds will appear in your OlyCash account with an indication that they are unavailable or pending.  We’ll notify you, either through your OlyCash account or directly by phone or email, whenever we place a hold.  
 
Risk-based holds generally remain in place for up to 21 days from the date the payment was received into your OlyCash account.  We may release the hold earlier under certain circumstances (for example, if you’ve uploaded shipment tracking information related to the transaction), but any earlier release is at our sole discretion.  The hold may last longer than 21 days if the payment is challenged as a payment that should be invalidated and reversed based on a disputed transaction as discussed in the following paragraph below.  In this case, we’ll hold the payment in your OlyCash account until the matter is resolved (but no longer than 180 days).
 
Holds based on disputed transactions: If a payment sent to you as a seller is challenged as a payment that should be invalidated and reversed, we may place a temporary hold on the funds in your OlyCash account to cover the amount that could be reversed.  Any of the situations described under Refunds, Reversals and Chargebacks are situations that could result in us placing a hold on a payment.  If we determine the transaction should not be reversed, we’ll lift the temporary hold.  If we determine the transaction should be reversed, we’ll remove the funds from your OlyCash account or demand payment through your linked payment options.
 
 
Limitations: Limitations prevent you from completing certain actions with your OlyCash account, such as withdrawing, selling codes, obtaining credit codes or depositing money.  These limitations are implemented to help protect OlyCash, buyers and sellers when we notice restricted activities or activity that appears to us as unusual or suspicious.  Limitations also help us collect information necessary for keeping your OlyCash account open.
 
There are a number of reasons why your OlyCash account could be limited. For instance,
 
  • If we suspect someone could be using your OlyCash account without your knowledge, we’ll limit it for your protection and look into the fraudulent activity.
  • If your debit or credit card issuer alerts us that someone has used your card without your permission. Similarly, if your bank lets us know that there have been unauthorized transfers between your OlyCash account and your bank account.
  • In order to comply with regulatory requirements. For example, requesting certain products, like a debit card, can trigger government laws, and we may limit your OlyCash account while we work together to satisfy those requirements.
  • Due to OlyCash policies we have in place to ensure we’re in compliance with law.
  • If we reasonably believe you have violated the User Policy.
  • Seller performance indicating your OlyCash account is high risk. For example, receiving an unusually high number of claims and chargebacks from your buyers is an indication of poor seller performance.  If you start selling an entirely new type of product, such as a higher-cost item like jewelry, or if your typical sales volume increases rapidly, your OlyCash account may be limited.
 
To remove the limitation and restore your OlyCash account, you will need to resolve any issues with the account, often by providing information to us, although there may be certain situations where there is no specific action that you can take to help remove the limitation (for example, the limitation is put in place due to policies we have to ensure we’re in compliance with laws). If you find that your OlyCash account has been limited, you should either review the email you receive from us informing you that your OlyCash account is limited, or log in to your OlyCash account to review or provide additional details about the limitation on your OlyCash account.
 
 
Reserves: We may place a reserve on your OlyCash account if we believe there may be a high level of risk associated with you, your OlyCash account, your business model, or your transactions.  When we place a reserve on your OlyCash account, it means that all or some portion of the money in your OlyCash account is reserved as unavailable for withdrawal or use in order to protect against the risk of transactions made by you being reversed or invalidated or any other risk related to your OlyCash account or use of the OlyCash services.  
Reserves may be placed on your OlyCash account at the time you open an OlyCash account or at any time during the life of your OlyCash account.  We make decisions about whether to place a reserve based on a number of factors, including information available to us from both internal sources and from third parties.   When we place a reserve on your OlyCash account, the funds will appear in your OlyCash account as a “Pending Balance,” and we’ll notify you of the terms of the reserve.  If we change the terms of the reserve, we’ll notify you of the new terms. 
 
OlyCash considers a list of non-exclusive factors and whether and how these factors have changed over time, including:
  • How long you have been in business.
  • Whether your industry has a higher likelihood of chargebacks.
  • Your payment processing history with OlyCash and other providers.
  • Your business and/or personal credit history.
  • Your delivery time frames.
  • Whether you have higher than average number of returns, chargebacks, claims or disputes.
 
There are two types of reserves that may be placed on your OlyCash account, and one or both may be applied at the same time:
 
  • A Rolling reserve is a reserve where a percentage of each transaction you receive each day is held and then released later on a scheduled basis. For example, your reserve could be set at 10% and held for a 90-day rolling period – meaning 10% of the money you receive on day 1 is held and then released on day 91, 10% of the money you receive on day 2 is held until day 92, etc. Rolling reserves are the most common type of reserve.
  • A Minimum reserve is a specific minimum amount of money that you’re required to keep available in your OlyCash balance at all times. The minimum reserve is either taken as an upfront amount deposited all at once or is established on a rolling basis from percentages of sales until the minimum reserve is achieved, much like a rolling reserve. 
 
 
 
 
If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your OlyCash account, placing a reserve or limitation on your OlyCash account, or releasing your funds.  We will decide, in our sole discretion, which action is required of us.  Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions.  We do not have an obligation to contest or appeal any court order or legal process involving you or your OlyCash account.  When we implement a hold, reserve or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place longer than 180 days.
 
 
 
Processing Errors
 
We will rectify any processing error that we discover.  If the error results in:
  • You receiving less than the correct amount to which you were entitled, then we will credit your OlyCash account for the difference between what you should have received and what you actually received.
  • You receiving more than the correct amount to which you were entitled, then we will debit your OlyCash account for the difference between what you actually received and what you should have received.
  • Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:
    • through no fault of ours, you did not have enough available funds to complete the transaction;
    • our system was not working properly and you knew about the breakdown when you started the transaction; or
    • the error was due to extraordinary circumstances outside our control (such as political upheaval, fire, flood or loss of Internet connection, or other force majeure),    despite our reasonable precautions.
 
Processing errors are not:
  • Delays that result from OlyCash applying holds, limitations or reserves.
  • Delays based on a payment review.
  • Delays related to the time it may take for a purchase transaction to be completed in some situations.
  • Your errors in making a transaction (for example, mistyping an amount of money that you are paying).
 
 
 
Communications Between You and Us
 
If you provide us your mobile phone number, you agree that OlyCash and its affiliates may contact you at that number using autodialed or prerecorded calls or text messages to: (i) service your OlyCash-branded accounts, (ii) investigate or prevent fraud, or (iii) collect a debt.  We will not use autodialed or prerecorded calls or texts to contact you for marketing purposes unless we receive your prior express written consent.  We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent.  You do not have to agree to receive autodialed or prerecorded calls or texts to your mobile phone number in order to use and enjoy the products and services offered by OlyCash.  You can decline to receive autodialed or prerecorded calls or texts to your mobile phone number in several ways, including in your OlyCash account settings at www.olycash.com, by contacting our customer support.  Standard telephone minute and text charges may apply.
 
OlyCash may communicate with you about your OlyCash account and the OlyCash services electronically.  You will be considered to have received a communication from us, if it’s delivered electronically, by SMS to your registered phone number, 24 hours after the time we post it to our website or email it to you.  You will be considered to have received a communication from us, if it’s delivered by mail, 3 Business Days after we send it. 
 
Unless you’re communicating with us about a matter where we’ve specified another notice address (for example, our Liability for Unauthorized Transactions and Other Errors process), written notices to OlyCash must be sent by postal mail to: 
 
OlyConnect Technologies Ltd. 
For OlyCash, Attention: Legal Department, 
128 Old Kira Road,
3rd Floor, Kamure House,
P.O.BOX 24159,
Kampala, Uganda
 
You understand and agree that, to the extent permitted by law, OlyCash may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with OlyCash or its agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with OlyCash may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by OlyCash, and OlyCash does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
 
 
 
OlyCash's Rights 
 
OlyCash suspension and termination rights: OlyCash, in its sole discretion, reserves the right to suspend or terminate this user agreement, access to or use of its websites, software, systems (including any networks and servers used to provide any of the OlyCash services) operated by us or on our behalf or some or all of the OlyCash services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted funds held in your OlyCash balance.
 
Security interest: As security for the performance of your obligations under this user agreement, you grant to OlyCash a lien on, and security interest in and to, your OlyCash balance in the possession of OlyCash.
 
 
Set off rights: If your OlyCash balance becomes negative for any reason, that negative OlyCash balance represents an amount that you owe to OlyCash.  OlyCash may deduct these amounts from funds that are added to your OlyCash account later, either by you or from payments you receive.  If you have more than one OlyCash account, we may set off a negative OlyCash balance in one OlyCash account against a OlyCash balance in your other OlyCash account(s).  In the event that a negative OlyCash balance is offset by OlyCash pursuant to this paragraph, it may be combined with another debit coming out of your OlyCash account.
 
If you manage your OlyCash balance in multiple currencies, and the OlyCash balance for one of the currencies becomes negative for any reason, OlyCash may set off the negative OlyCash balance by using funds you maintain in a different currency.  If you have a negative OlyCash balance in non-U.S. dollars for a period of 21 days or longer, OlyCash will convert this negative OlyCash balance to U.S. dollars.  In either case, a currency conversion may be required, and you will be required to pay a currency conversion spread.
 
In addition to the above, if you have a past due amount owed to us, our affiliates, or a seller, OlyCash may debit your OlyCash account to pay any amounts that are past due.  
 
 
Insolvency proceedings: If any proceeding by or against you is commenced under any provision of your country's Bankruptcy code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this user agreement.
 
 
Assumption of rights: If OlyCash invalidates and reverses a payment that you made to a recipient (either at your initiative or otherwise), you agree that OlyCash assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in OlyCash's discretion.
 
 
No waiver: Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.
 
Indemnification and Limitation of Liability: In this section, we use the term “OlyCash” to refer to OlyCash, our parent OlyConnect Technologies Ltd, and our affiliates, and each of their respective directors, officers, employees, agents, joint ventures, service providers and suppliers.  Our affiliates include each entity that we control, we are controlled by or we are under common control with. 
 
 
Indemnification: You must indemnify OlyCash for actions related to your OlyCash account and your use of the OlyCash services.  You agree to defend, indemnify and hold OlyCash harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of the OlyCash services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your OlyCash account or access our websites, software, systems (including any networks and servers used to provide any of the OlyCash services) operated by us or on our behalf, or any of the OlyCash services on your behalf.
 
 
Limitation of liability: OlyCash’s liability is limited with respect to your OlyCash account and your use of the OlyCash services.  In no event shall OlyCash be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the OlyCash services) operated by us or on our behalf, any of the OlyCash services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.
 
Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages.  In addition, to the extent permitted by applicable law, OlyCash is not liable, and you agree not to hold OlyCash responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the OlyCash services) operated by us or on our behalf, or any of the OlyCash services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the OlyCash services) operated by us or on our behalf and any of the OlyCash services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the OlyCash services) operated by us or on our behalf  or any of the OlyCash services or any website or service linked to our websites, software  or any of the OlyCash services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the OlyCash services) operated by us or on our behalf or any of the OlyCash services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your OlyCash account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or OlyCash’s policies.
 
 
Item Description Policy
 
When adding items for sale, you are encouraged to write your own description and take your own photos. Shoppers prefer to see images and descriptions that precisely represent an item they are buying. Using a photo other than what you took or created by yourself that does not accurately represent the current look and condition of the item you are selling may invalidate any item damage claim in the future in the event that a shopper returns the said item and you state was damaged when it left your premises. 
Processing a damage claim will require the seller to take and submit three high resolution photos of the item (at least 1,000px in width and height) highlighting the extent of damage which OlyCash shall compare with the original image posted to ascertain that the item was indeed damaged by the shopper. Failure to collaborate the reported damage from the comparison will make a seller's damage claim invalid.
When a seller uses text or an image that is owned or was created by someone else ensure to have written permission to use the text or image from the creator or owner of its rights. Also, make sure that the image(s) or description accurately represents what you are selling. Using images or text descriptions from our repository for your listings is a great way to include extra information for an item you are listing. Any content you use from the OlyCash repository is subject to the OlyCash Terms of Use and Privacy Policy and cannot be used outside the OlyCash platform and authorized affiliates. 
Our repository may include, at our discretion, select seller-generated images and photos. Our administrators choose which photos and descriptions to include in our repository based on our own internal criteria. You can notify us to not include any of your account images in our repository but we do not guarantee that they shall be included. Original item manufacturers establish credibility and prevent fraud from fake products if their descriptions, images and other identifying details come from the OlyCash repository.
 
Report Image or Text Rights Abuse
If another seller uses an image or text for which you have copyright, report the image to abuse@olycash.com. Include a link to the image or text usage and where you are using it in your own items.
Before you report a seller that may be using your image, please remember that images you added to OlyCash or on our sister platform - OlyPages - may be included in our repository at our discretion as per our Terms of Use. If another member is using your image, it may have been obtained from our repository. Check that the image does not have an “OlyCash Image” watermark in the bottom left corner before submitting your report.
If you have any further questions, please send us a message at support@olycash.com
 
 
Disclaimer of Warranty and Release
 
No warranty: The OlyCash services are provided “as-is” and without any representation or warranty, whether express, implied or statutory.  OlyCash specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
 
OlyCash does not have any control over the products or services provided by sellers who accept OlyCash as a payment method, and OlyCash cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so.  OlyCash does not guarantee continuous, uninterrupted or secure access to any part of the OlyCash services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the OlyCash services) operated by us or on our behalf may be interfered with by numerous factors outside of our control.  OlyCash will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed in a timely manner but OlyCash makes no representations or warranties regarding the amount of time needed to complete processing because the OlyCash services are dependent upon many factors outside of our control, such as delays in the banking system or the Ugandan or international mail service.  Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
 
 
Release of OlyCash: If you have a dispute with any other OlyCash account holder, you release OlyCash from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
 
 
Intellectual Property
 
OlyCash’s trademarks: "olycash.com," "OlyCash," and all logos related to the OlyCash services are either trademarks or registered trademarks of OlyCash or OlyCash's licensors.  You may not copy, imitate, modify or use them without OlyCash's prior written consent.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of OlyCash.  You may not copy, imitate, modify or use them without our prior written consent.  You may use HTML logos provided by OlyCash for the purpose of directing web traffic to the OlyCash services.  You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes OlyCash or the OlyCash services or display them in any manner that implies OlyCash's sponsorship or endorsement.  All right, title and interest in and to the OlyCash websites, any content thereon, the OlyCash services, the technology related to the OlyCash services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of OlyCash and its licensors.
 
 
License grants, generally: If you are using OlyCash software such as an API, developer's toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then OlyCash grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use OlyCash's software in accordance with the documentation accompanying such software.  This license grant applies to the software and all updates, upgrades, new versions and replacement software.  You may not rent, lease or otherwise transfer your rights in the software to a third party.  You must comply with the implementation, access and use requirements contained in all documentation accompanying the OlyCash services.  If you do not comp ly with implementation, access and use requirements you will be liable for all resulting damages suffered by you, OlyCash and third parties.  OlyCash may update or discontinue any software upon notice to you.  While OlyCash may have (1) integrated certain third party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third party materials and technology to facilitate providing you with the OlyCash Services, you have not been granted and do not otherwise retain any rights in or to any such third party materials.  You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise create any derivative works from any of the software or third party materials or technology.  You acknowledge that all rights, title and interest to OlyCash’s software are owned by OlyCash and any third party materials integrated therein are owned by OlyCash’s third party service providers.  Any other third party software application you use on the OlyCash websites is subject to the license you agreed to with the third party that provides you with this software.  You acknowledge that OlyCash does not own, control nor have any responsibility or liability for any such third party software application you elect to use on any of our websites, software and/or in connection with the OlyCash services.
 
 
License grant from you to OlyCash; intellectual property warranties: OlyCash does not claim ownership of the content that you provide, upload, submit or send to OlyCash.  Nor does OlyCash claim ownership of the content you host on third-party websites or applications that use OlyCash services to provide payments services related to your content.  Subject to the next paragraph, when you provide content to OlyCash or post content using OlyCash services, you grant OlyCash (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights to help us improve, operate and promote our current services and develop new ones.  OlyCash will not compensate you for any of your content.  You acknowledge that OlyCash’s use of your content will not infringe any intellectual property or publicity rights.  Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against OlyCash.
 
 
License grant from sellers to OlyCash: Notwithstanding the provisions of the prior paragraph, if you are a seller using the OlyCash services to accept payments for goods and services, you hereby grant OlyCash and its affiliates a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), and royalty-free, fully paid-up, right to use and display publicly, during the term of this user agreement, your trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you) for the purpose of (1) identifying you as a merchant that accepts an OlyCash service as a payment form, and (2) any other use to which you specifically consent.
 
 
 
 
Miscellaneous
 
Assignment: You may not transfer or assign any rights or obligations you have under this user agreement without OlyCash's prior written consent.  OlyCash may transfer or assign this user agreement or any right or obligation under this user agreement at any time.
 
 
Business Days: References in this user agreement to “Business Day(s)” mean(s) Monday through Friday, excluding holidays when OlyCash’s offices are not considered open for business in the country of physical location.  If a holiday falls on a Saturday, OlyCash observes the holiday on the prior Friday.  If the holiday falls on a Sunday, OlyCash observes the holiday on the following Monday.
 
 
Consumer fraud warning: We’re always looking for ways to help keep you even more secure.  So stay on the lookout for some of these common scams:
  • Spoofing: a scammer sends forged or faked electronic communication falsely claiming to be OlyCash or coming from OlyCash but asks you to send money outside your OlyCash account or send them your code details to verify authenticity.
  • Pay using Your Code: Pay for a person you don't know using your code for refund later.
  • Lottery or Prize: a scammer informs you that you’ve won a lottery or prize and must send your code or cash in order to claim it.
  • Debt Collection: a scammer impersonates a debt collector and induces you to send money using threats or intimidation or provide OlyCash access details.
  • Unrecognized Service Payment: a scammer instructs you to make payment on a bill to an unrecognized service provider name with threat of disconnection of an essential service such as electricity.
 
Always use common sense when making payment online, cashing out your code or dealing with other OlyCash users.  If something sounds too good to be true, it probably is.  Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us using our contact form.
 
 
Escheatment of dormant accounts: If you do not log in to your OlyCash account for two or more years, OlyCash may close your OlyCash account and send the OlyCash balance to your primary address or, if required, escheat (send) your OlyCash balance to your country of residency.  OlyCash will determine your country of residency based on the country and region listed in the primary address for your OlyCash account.  If your address is unknown or registered in a foreign country, your OlyCash balance will be escheated to the Republic of Uganda.  Where required, OlyCash will send you a notice prior to escheating any funds in your OlyCash account.  If you fail to respond to this notice, your OlyCash balance will be escheated to the applicable country.  If you would like to claim any escheated OlyCash balance from the applicable country, please contact the applicable country’s unclaimed property administrator.
 
 
Governing law: You agree that, except to the extent inconsistent with or preempted by the country's law and except as otherwise stated in this user agreement, the laws of the Republic of Uganda, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and OlyCash.
 
 
Identity authentication: You authorize OlyCash, directly or through third parties, to make any inquiries we consider necessary to validate your identity.  This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources.  We may also ask to see your driver’s license or other identifying documents at any time.  If you use certain OlyCash services, federal law requires that OlyCash verify some of your information.  OlyCash reserves the right to close, suspend, or limit access to your OlyCash account and/or the OlyCash services in the event we are unable to obtain or verify this information.
 
 
OlyCash is only a payment service provider: Our relationship with you under this user agreement is as a payment service provider, and OlyCash is an independent contractor for all purposes.  OlyCash is not your agent or trustee.
 
 
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.
 
 
Translation of agreement: Any translation of this user agreement is provided solely for your convenience and is not intended to modify the terms of this user agreement. In the event of a conflict between the English version of this user agreement and a version in a language other than English, the English version shall control.
 
 
Your use of information: If you receive information about another OlyCash customer, you must keep the information confidential and only use it in connection with the OlyCash services.  You may not disclose or distribute any information about OlyCash users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so.  You may not send unsolicited emails to an OlyCash customer or use the OlyCash services to collect payments for sending, or assist in sending, unsolicited emails to third parties.