| Empower Your Cash! | | | Get OlyCash | | | | Terms of Use Last Updated: October 11, 2021 This user agreement is a contract between you and OlyCash Inc and its affliates, branches and subsidiaries hereafter collectively known as "OlyCash" that governs your use of your OlyCash account and the OlyCash services. It applies to the OlyCash service and its usage in the physical location where you access it. For an individual to open an OlyCash account and use the OlyCash services, you must be the age of the 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 organised in, operating in or a 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. We know people use OlyCash for different reasons. Some people use it to pay bills and receive entertainment while 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 non-admin accounts: shopper accounts (Shopper), cash-point accounts (OlyBoss) and business accounts (Seller). Other service accounts are derivatives or special variations of these accounts. All OlyCash accounts let you do things like: - Pay bills to your service providers.
- Buy things online, using mobile devices or in stores.
- Accept cash payments 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 setting and contact information up-to-date in your OlyCash account profile. When you close your OlyCash account, we will cancel any unpaid scheduled or incomplete transactions. You must withdraw any OlyCash balance from your OlyCash account prior to closing it. 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 immediately 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.
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 deposit with a FDIC insured banking institution or licensed third-party partner. Your claimable amount is reflected as balance available in your OlyCash account. Adding money: You may transfer money to your OlyCash balance using a money transmitter, money aggregator or from an electronic payment account by requesting a transfer from the third-party processor or banking 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 electronic 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 and for your own 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 re-initiate your withdrawal once the limitation has been lifted. You will receive notification of this delay within 24 hours of occurrence via a message to your registered contacts (email and/or telephone number). We may set limits on your withdrawals, and you can view your withdrawal limit, if any, by logging into your OlyCash account. For security reasons, OlyCash does not require or keep your credit card details nor does it require a direct link to your bank account. 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 any of these currencies. You are responsible for all risks associated with maintaining an OlyCash balance in different currencies. You may not use 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 may be charged an additional fee 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 use 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 third-party method such as a debit/credit card or mobile money and requires a currency conversion, you consent to and authorize OlyCash to convert the currency to a more appropriate currency. In most cases, you have a right to change the payment currency in your settings before you complete the transaction. Where applicable, OlyCash will always perform the conversion for deposits or withdrawals from the OlyCash account wallet. Account Statements and Requesting Account Record 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 account using any available device with access to the OlyCash ecosystem and a feature for your transaction statements. 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. 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 of access to 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.
As a cost of doing business, OlyCash fees are non-refundable charges applied as communicated on appropriate public sections or agreement with user. The user is encouraged to read these before proceeding with the transaction as not being aware of the OlyCash fee is not a reason for it not to be charged. 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 if this is so. 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 account wallet. 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 cancelling through the bill schedule reminder, 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 yet 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. When you buy something from a seller online using OlyCash and the transaction is ultimately refunded, the money will be refunded to the code or account used to pay for the transaction. If this transaction was funded from third-party such as bank or mobile money network, the funds will be considered returned if added to your wallet as ready for withdrawal or use in other payments. When you buy something from a seller using OlyCash that required a currency conversion and a refund is issued: - Within 30 days of the date of the original payment, the exchange rate used at the time of the original payment is used.
- Beyond 30 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, license payments, software sales without shipment, gift cards, gambling or gaming placements, and any other such transactions. The Make-it-Rain tipping feature enables audience participation in the media streaming activity by randomly benefitting from a relatively large tip made by a member of the audience. The host receives a large part of the tip and the rest is unevenly distributed randomly among the audience (minus processing and handling fees). Amounts submitted for the make-it-rain feature are non-refundable. No member of the audience is guaranteed to receive any specific amounts. Although there may be a pre-established arrangement between the host(s) and the user who submits the funds, for example in efforts of joint promotions, this relationship is not expected and its terms, if any, can not be enforced by OlyCash. In addition, any income received using this activity may be reported for compliance, AML or taxation requirements. During the buildup to the streaming event or Make-it-Rain occurrence, OlyCash brand and likeness may be used to the extent allowed in these terms and privacy policy. However, this usage does not imply endorsement or agreement to the media stream content, its host(s), activity, partnership or approvals beyond the account ownership and its operation parameters outlined in the terms herein. In case of any negative effects or harm to the OlyCash brand, staff or operations, necessary legal actions against identified causal parties may be taken by OlyCash to seek remedy. 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 with no-signature requirement, OlyCash may find in favor of the seller for an Item Not Received claim even if you personally 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."
If we believe that you’ve engaged in any of these activities (such as terrorism, fraud, child-trafficking, and others), we may take a number of actions to protect OlyCash, its customers and others at any time in our sole discretion. This acitvity includes access or attempting anonymous or agency access by an entity on the Office of Foreign Asset Control (OFAC) list. 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 new account.
- 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 current location whether due to long-term residence or after flight 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 on our or your behalf. 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. 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 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 the local branch or subsidiary address which can be found at our Contact Page. 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 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 or Debit Code in the current or 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 with other accounts, 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, the parent organization and the local representative of OlyCash in your location, and each of their respective directors, officers, employees, agents, joint ventures, service providers and suppliers. Our affiliates include any 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. OlyCash Agents Rights and Conduct An OlyCash agent hereafter referred to as "OlyBoss" is a cash point in the OlyCash ecosystem and may be an individual, a business such as a grocery store, or a machine such as an ATM. The OlyBoss is connected to OlyCash to the extent of their ownership of a user account and funds held with OlyCash. The relationship between an OlyBoss and OlyCash is non-contractual in the sense that it is a voluntary role with activities under their interest and control and they have no regular staff obligations. An OlyBoss is not an employee of OlyCash in whatever form; temporary or otherwise and should not be treated as such or expected to meet obligations of an employee. Rights: The OlyBoss has a right to: - Set their own rates for provision of the OlyCash service. They are advised to set this above and near the OlyCash charges but are not obligated to follow this advice.
- Refuse service to any user - at their discretion. This may be whether there is suspicion of fraud, suspicious currency bills, gut feeling or other reasons.
- If a legally registered business, employ other persons to provide service under their OlyBoss account with OlyCash.
- Provide as little or as much unbiased information about OlyCash as they are aware of. The customer is advised to contact OlyCash support if they would like to fact-check or confirm an OlyBoss statement.
- Take any necessary security measures to prevent or protect themselves from theft or risk that develops out of being a cash point.
Conduct: The OlyBoss is expected to: - Not force any customer behavior or mistreat an OlyCash customer in the process of servicing them. This includes not forcing any customer to come to them through threats or any other underhanded or illegal means.
- Not engage in illegal business practices - whether related to their provision of the OlyCash service or not. This includes money laundering, fraud, terrorism financing, conniving for theft of funds or any illegal income generating activities for their region of location. Any funds deposited into their OlyCash account from such activities may be held and/or handed over to their country's authorities upon request and provision of sufficient proof.
- Not take advantage or treat unfairly an OlyCash customer due to their perceived class in society, lack of ability or information. This includes the disabled, refugees or illiterate users in need of special assistance.
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 it was damaged when it left your premises. This requirement may be relaxed for a retailer if their supplier provides the said images more professionally taken for proper representation of their items. Failure to process 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 corroborate the reported damage from the comparison will make a seller's damage claim rejection 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 ecosystem 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 not 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 item by flagging it or sending a message 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 submitted to OlyCash or using 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 Email: support@olycash.com Call: US/International: +1(440)659-2274 [440-OLY-CASH] or Uganda +256(414)389-220 Physical: USA: 14545 Victory Blvd, 4th Floor, St. 406, Van Nuys, CA, USA, 91411 Uganda: 128, Old Kira Road, Bukoto, 2nd Floor, Kamure Building, Kampala Uganda For a quicker response, just fill out and submit our contact form on this website. 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 local 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. OlyCash’s trademarks: "olycash.com," "OlyCash,", "OlyPages", "OlyTag", "Oly" and all logos related to the OlyCash services and ecosystem 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, widget, 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 comply 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. 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 or account details to verify authenticity.
- A scammer claims to be from OlyCash and asks for your credit/debit card details or bank access details: We do not need or store your bank or other third-party account details outside a payment session. Please do not provide any of this information.
- Pay using Your Code: Pay for a person you don't know using your code for refund later.
- Depositing fake currency notes: Handing you cash for depositing as an OlyBoss using fake currency notes and withdrawing to obtain real currency notes at another OlyBoss location. This is your money on the line. OlyCash only interacts with your electronic account. Only accept cash when you are confident of its validity. OlyCash is not liable for any loss due to your actions - intentional or otherwise.
- Lottery or Prize: a scammer informs you that you’ve won a lottery or prize and must send your code or OlyCash payment to help in their processing in order for you to claim it.
- Debt Collection: a scammer impersonates a debt collector and induces you to send them money through OlyCash using threats or intimidation to provide your OlyCash access details.
- Unrecognized Bill 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 or sending an email to security@olycash.com. In addition, you are encouraged to contact your local law enforcement agency if you believe your life may be in danger. Escheatment of dormant accounts: If you do not log in to your OlyCash account for two (2) 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 or verified address if account owner identification was provided. If your address is unknown or registered in a country without an OlyCash representing entity, your OlyCash balance will be escheated to the United States. 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 or through our contact form. These funds shall remain available for claim for a minimum of five (5) years as per the US Credit CARD Act of 2009 and shall be assumed abandoned after this period. 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 governing country of location of the registered branch or subsidiary of OlyCash and the party in dispute shall govern this user agreement. If no such entity resides in country in question, the laws of the State of Delaware, United States shall govern this agreement. This is without regard to principles of conflict of laws and any claim or dispute that has arisen or may arise between you and OlyCash as a result of differences in residence. Identity authentication: Basic user authentication involves confirming ownership and access to your registered contact by submission of a code sent to that contact. Where further Know-Your-Customer (KYC) is required, you will be requested for this extra information to proceed with usage of the restricted service (such as cashouts). Where necessary, 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 government issued identification or other relevant business documents. 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 service facilitator: Our relationship with you under this user agreement is as a service facilitator by providing tools such as for payments, getting paid, making donations or selling. OlyCash is an independent contractor for all intents and purposes. OlyCash is not your agent or trustee. In addition, OlyCash is not a bank or financial institution. In some jurisdictions, it is not allowed to receive funds not from a sale without such licensing. Although measures may be taken to prevent holding user deposits in some cases, and where no such partner is available to do so, the user is advised not to leave funds in their wallet for example through bypassing OlyCash measures such as with changing their location to misdirect feature blocking algorithms. This would be a violation of these terms and may lead to appropriate action from OlyCash. 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 apply. 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 provide them or share with them. 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. | | | | | |