General terms and conditions
Last Updated : 9th of June 2018
Part 1 : Cashere Service Terms and Conditions
“You”, “Your”, refer to Cashere Customers and Cashere Partners.
Two Man Tent Limited (“Two Man Tent”, “We”, “Our” or “Us”), is a limited liability company established in The United Kingdom, registered at the Companies House under number 10170679.
The “Cashere Service” means the electronic services provided by Two Man Tent rendered via a digital technology platform that enable local businesses to seek, receive and fulfil on-demand requests relating to purchases of local currencies (e.g. GBP Pounds Sterling) by “Cashere Customers”; such Cashere service include access to the “Cashere App” and “Cashere Partner App”. Cashere related software, websites and related support service systems may be updated or modified from time to time.
“Cashere Partner App” (named CashPartner) means the mobile application provided by Two Man Tent that enables businesses to access the Cashere Services for the purpose of seeking, receiving and fulfilling on-demand requests relating to purchases of local currencies (e.g. GBP Pounds Sterling) by “Cashere Customers”, as may be updated or modified from time to time.
“Cashere App” (named Cashere) means the mobile application provided by Two Man Tent that enables “Cashere Customers” to access the Cashere Services for the purposes of on-demand purchasing of local currencies (e.g. GBP Pound Sterling), as may be updated or modified from time to time.
“Cashere Data” means data created or saved through the use of the Cashere Partner App or Cashere App.
“Cashere Customers” means an end user of the “Cashere App”.
“Device” means your Mobile Device that can support the Cashere mobile application.
These Terms constitute a framework agreement which sets out the terms of You and Us entering into Cashere Service.
1. REGULATORY INFORMATION
These Terms are between You and Two Man Tent Ltd. Two Man Tent is a company incorporated in England and Wales with company number 10170679 and whose registered office is at 86 - 90 Paul Street, London EC2A 4NE, United Kingdom. Cashere is a registered HMRC Money Service Business and is supervised under the Money Laundering Regulations 2017. Our HMRC Money Service Business registration is currently pending and is due to be confirmed soon.
The Cashere Services, Cash Partner App, Cashere App and Cashere Data, including all intellectual property rights therein, are and shall remain the property of Two Man Tent. Neither this Agreement nor Your use of the Cashere Services, Cash Partner App or Cashere App conveys or grants to You any rights: (a) in or related to the Cashere Services, Cash Partner App or Cashere Data, except for the limited license granted above; or (b) to use or reference in any manner Two Man Tent’s, or their respective licensors’ company names, logos, product and service names, trademarks, service marks or other indicia of ownership. Additionally, You acknowledge and agree that You will not attempt with intention to use Two Man Tent’s rights in the Cashere family of trademarks and names, including Cashere, alone and in combination with other letters, punctuation, words, symbols and/or designs, and the Cashere Logo.
You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the binary code portions of the Cashere App and/or Cashere Partner App.
Where and if only necessary and subject to all applicable laws, Two Man Tent may provide to a third party (or as required by a court of a competent jurisdiction) any information (including personal data and any Cashere Data) about You provided hereunder if:
(a) there is a complaint, dispute or conflict, including an accident;
(b) it is necessary to enforce the Cashere Service Terms and Conditions;
(c) it is required, in Two Man Tent's sole discretion, by applicable law or regulation;
(d) it is necessary, in Two Man Tent’s sole discretion, to (1) protect the safety, rights, property or security of Two Man Tent, the Cashere Services or any third party, (2) detect, prevent or otherwise address fraud, security or technical issues, and/or (3) prevent or stop activity which Two Man Tent, in their sole discretion, consider to be, or to pose a risk of being, illegal, unethical, or legally actionable; or
(e) it is required or necessary, in Two Man Tent’s sole discretion, for insurance or other purposes related to Your ability to qualify, or remain qualified, to use the Cashere Services.
You understand that Two Man Tent may retain Your personal data for legal, regulatory, safety and other necessary purposes after the use of Cashere Services. Your personal data will be directly controlled by Two Man Tent.
See our privacy statement for details: www.cashere.co.uk/privacy
You, a Cashere Customer, can cancel a transaction at any time before You pick up Your cash from a Cashere Partner. You will not be charged for the transaction nor any fees on cancellation prior to picking up Your cash.
To cancel a transaction prior to picking up Your cash, tap "CANCEL TRANSACTION" within the app. You will be asked to confirm, tap "Yes" or "No". To cancel a transaction after picking up Your cash please refer to our refund policy.
5. REFUND POLICY
Cashere transactions are based on the amount of currency You, a Cashere Customer, wishes to purchase from a Cashere Partner and our fees for this service. Your purchase amount (in Pound Sterling), the guaranteed transaction rate, our fees and the amount you will charged (in your local currency) is displayed within the Cashere app throughout the purchase process. You may request a refund on a transaction by emailing if you believe you have been charged incorrectly for this service. All refund requests are reviewed and approved by Two Man Tent Limited.
6. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
Disclaimer of Warranties.This clause applies only to the maximum extent permitted by applicable law, and does not (and is not intended to) override any rights that You have pursuant to applicable law. Two Man Tent provides, and You accept, the Cashere Services, Cashere App, Cashere Partner App and the Two Man Tent Devices on an "as is" and "as available" basis. Two Man Tent does not represent, warrant or guarantee that Your access to or use of the Cashere Services, Cash Partner App or the Devices:
(a) will be uninterrupted or error free; or (b) will result in any requests for cash exchange Services. Two Man Tent function as an on-demand service only and make no representations, warranties or guarantees as to the actions or inactions of the Cashere Customers who may request cash purchases from You, and Two Man Tent do not filter or otherwise evaluate Cashere Customers. By using the Cashere Services and Cash Partner App, You acknowledge and agree that You may be introduced to a third party (including Cashere Customers) that may pose harm or risk to You or other third parties. You are advised to take reasonable precautions with respect to interactions with third parties encountered in connection with the use of the Cashere Services or Cash Partner App. Notwithstanding the appointment of Two Man Tent to facilitate the limited payment collection for You for the purpose of accepting payment from Cashere Customers on Your behalf, Two Man Tent expressly disclaim all liability for any act or omission of You, any Cashere Customers or other third party.
No Service. This clause applies only to the maximum extent permitted by applicable law, and does not (and is not intended to) override any rights that You have pursuant to applicable law. Two Man Tent do not guarantee the availability or uptime of the Cashere Services or Cash Partner App. You acknowledge and agree that the Cashere Services or Cash Partner App may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, the Cashere Services or Cash Partner App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and Two Man Tent are not responsible for any delays, delivery failures or other damages, liabilities or losses resulting from such problems.
Generally.You shall indemnify, defend (at Two Man Tent’s discretion) and hold harmless Two Man Tent and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to: (a) Your breach of Your representations, warranties or obligations under this Agreement; or (b) a claim by a third party (including Cashere Customers, regulators and governmental authorities) directly or indirectly related to Your provision of cash exchange Services or use of the Cashere Services.
8. DISPUTE MANAGEMENT
Any such disputes, conflicts, claims or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to our internal dispute resolution and conflict management task force. If such Dispute has not been settled within sixty (60) days after a request for resolution has been submitted, such Dispute can be referred to and shall be exclusively and finally be resolved by mediation and the parties must endeavour to settle any dispute in connection with the contract by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties or, failing agreement within 7 days of receiving any party’s notice of dispute, by a person appointed by the Chair’s designated representative.
(a) Before court or arbitration proceedings other than for urgent interlocutory relief may be commenced, the following steps must be taken to attempt to resolve any dispute that arises out of or in connection with this contract (including any dispute as to the validity, breach or termination of the contract, or as to any claim in tort, in equity or pursuant to any statute).
(b) Notice (the notice of dispute) must be given in writing by the party claiming that a dispute has arisen to the other party (or parties) to this contract specifying the nature of the dispute.
(c) Upon receipt of the notice of dispute, the parties must attempt to agree upon an appropriate procedure for resolving the dispute.
(d) Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. As an online customer you have the right to raise any unresolved complaints via the EU Commission’s Online Dispute Resolution platform, an alternative dispute resolution body will be appointed to deal with your complaint, please use the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
Part 2 : Cashere Partner Specific Terms and Conditions
1. ADDTIONAL DEFINITONS
“Cashere Partner Commission” is the commission that Cashere Partners will receive, in addition to the transaction amount, by Two Man Tent on a successful and verified transaction.
“Transaction Amount” is the amount in local currency (e.g. GBP Pound Sterling) that is being purchased from You by Cashere customers.
“Anti-Money Laundering” is the term used for several offences involving the proceeds of crime or terrorism. These include: possessing, or in any way dealing with, or concealing, or converting the proceeds of any crime, as well as funds likely to be used for terrorism, or the proceeds of terrorism. Money laundering is generally used to describe the activities of organised criminals converting the proceeds of crime into legitimate activities, thus hiding their true sources. Current legislation covers all proceeds of crime, both money and property, regardless of how small the value. In reality, to most people who are likely to come across it money laundering involves a suspicion that someone they are dealing with is benefiting financially from dishonest activities. Hence, the money laundering aspect for Cashere would be the attempt to transact with Cashere using assets and monies derived from the proceeds of crime or terrorism.
2. REGULATORY INFORMATION
In order to comply with Anti-Money laundering legislation, there are restrictions in the type and amount of cash You are allowed to transact using the Cashere service. These limitations are as follows:
(1) You can only sell cash generated by their primary business sales of goods or services. No other monies, personal or otherwise, can be used in a Cashere transaction.
(2) You can transact maximum of GBP Pounds Sterling 1,000 a day. This limit is automatically encoded within the Cashere Partner App. We expect to increase this limit in the near future.
(3) You should only release cash purchases to Cashere customers on a successful three-step verification built within the Cashere service (i.e. iOS and Android apps). This three-step verification is outlined within section 6 below.
You should report any report suspicions of money laundering directly to Two Man Tent (email@example.com)
Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party ("Confidential Information"). Confidential Information includes Cashere Data, Cashere Partner and Cashere Customer information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally) that such party designates as being proprietary or confidential or of which the other party should reasonably know should be treated as confidential. Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and service providers ("Permitted Persons") as necessary to perform under this Agreement, provided Permitted Persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the disclosing party upon the termination of this Agreement or at the request of the other party (subject to applicable law and, with respect to Two Man Tent, their internal record-keeping requirements). Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.
4. CUSTOMER CANCELLATIONS
You acknowledge and agree that Cashere Customers may elect to cancel an active Cashere Service request irrespective of Your wilful acceptance of the request via the Cash Partner App. A Cashere Customer will be able to cancel a transaction via the Cashere App at any time prior to picking up cash from You. On cancellation, the transaction will become void and You ARE NOT required to handover any cash to the Cashere Customer. A cancelled transaction will not appear under the “ACTIVE TRANSACTIONS” view within the Cashere Partner App. The Cashere Customer will not be charged for the transaction nor any fees on cancellation PRIOR to picking up the cash.
5. CUSTOMER REFUND
After a Cashere customer completes a purchase from You via the Cashere App, the Cashere Customer will NOT be able to cancel a transaction. All customer refunds requests will be reviewed and determined by Us. You are NOT allowed to provide customer refunds.
6. CUSTOMER VERIFICATION
The Cashere Partner App enables a three-step method for you to verify a Cashere Customer:
Step 1: The first step is the Cashere Customer picture shown within the app under the heading of “ACTIVE TRANSACTIONS”.
Step 2: The second step is via verification code which the Cashere Customer will inform You of. The Cashere verification code is generated within the Cashere App. Enter the verification code into the Cashere Partner App - the correct verification code for the Cashere Customer transaction will not display an alert warning and will prompt the third verification step.
Step 3: Check customer Photo ID matches name and the customer (picture). If the Photo ID is valid and represents the Cashere customer, tap “OK”. This will turn the Cashere Customer transaction GREY with a status of “AWAITING RATING”.
Only when the three-step verification described above is complete, You should hand over the cash equivalent to the transaction amount displayed in the Cashere Partner App to the Cashere Customer. Any transactions that do not qualify through the above three-step verification is NOT guaranteed by Us. On a successful verified transaction, Two Man Tent Limited will guarantee You the payment of equal to the Transaction Amount and Your commission for this transaction.
7. YOUR COMMISSION
Your commission is guaranteed at minimum of 0.5% of the Transaction Amount of every successful verified transaction. Your commission is agreed with You prior to your Cashere Partner account going live.
You will be informed at least 6 weeks in advance of any changes to the commission structure.
8. TRANSFERS OF TRANSACTION AMOUNT AND COMMISSIONS
We will transfer funds equal to the total Transaction Amount and commission, calculated based on the agreed commission rate, based on transaction on the previous day at 8am every morning UK BST Time. We endeavour for the amounts to arrive in Your UK business account the following UK business working day.
However, depending on Your business account, this could take between 3 to 5 UK business working days.
9. CASHERE PARTNER REPORTS
The Cashere Partner App provides You a system to monitor and view past transaction amounts, commissions and ratings of You provided by Cashere Customers. This information can be viewed within the Cashere Partner App. In addition, Two Man Tent will provide You with a daily summary report of transaction amounts, commissions and ratings. This daily summary report will be sent out at 8am every day and will include the total amount that will be transferred to you (see section 8).
10. CASHERE PARTNER RATINGS
You acknowledge and agree that after completing a successful and verified transaction, a Cashere User will be prompted by the Cashere App to provide a rating and/or a written review with regard to the service performed by You. The ratings received will be shared with You regularly. You acknowledge that Two Man Tent desires that Cashere Customers have access to high-quality services via the Cashere App. In order to continue to receive access to the Cash Partner App and the Cashere Services, You must maintain an average rating that exceeds the minimum average acceptable rating established by Two Man Tent for Your region, as may be updated from time to time by Two Man Tent in its sole discretion (“Minimum Average Rating”). In the event Your average rating falls below the Minimum Average Rating, Two Man Tent will notify You and may provide You, in Two Man Tent’s discretion, a limited period of time to raise Your average rating above the Minimum Average Rating. If You do not increase Your average rating above the Minimum Average Rating within the time period allowed (if any), Two Man Tent reserves the right to deactivate Your access to the Cash Partner App and the Cashere Services. Additionally, You acknowledge that Your repeated failure to accept Cashere Customer requests for cash exchange Services while You are logged in to the Cash Partner App creates a negative experience for Cashere Customers. If You do not wish to accept User requests for cash exchange Services for a period of time, You will log out of the Cash Partner App or “go offline” to Cashere Customers. This can be done by clicking “LOG OUT” or “GO OFFLINE”, respectively, in the Cashere Partner App.
11. ADVERTISING AND MARKETING
You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Two Man Tent may seek to attract new Cashere Customers to increase user engagement of the Cashere App. In doing so, Two Man Tent may use Your business in its marketing material. You acknowledge and agree such advertising or marketing does not entitle You to any additional monetary amounts beyond the amounts expressly set forth in this Agreement.
12. YOUR RELATIONSHIP WITH OUR CUSTOMERS
You acknowledge and agree that Your provision of cash sale Services to Cashere Customers creates a legal and direct business relationship between You and the Cashere Customers. Two Man Tent is not responsible or liable for the actions or inactions of a Cashere Customer in relation to you, your activities or your business. You shall have the sole responsibility for any obligations or liabilities to Cashere Customers or third parties that arise from your provision of Services. You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a Cashere Customer or third party.
13. YOUR RELATIONSHIP WITH OUR ORGANISATION
You acknowledge and agree that Two Man Tent’s provision to you of the Cashere Partner App and the Cashere Services creates a legal and direct business relationship between Two Man Tent and You. Two Man Tent does not, and shall not be deemed to, direct or control You generally or in your performance under this Agreement specifically, including in connection with your provision of currency, Your acts or omissions, or Your operation and maintenance of your business. You retain the sole right to determine when and for how long you will utilise the Cashere Partner App or the Cashere Services. You retain the option, via the Cashere Partner App, to cancel a Cashere Customer request, subject to Two Man Tent’s then-current cancellation policies. You acknowledge and agree that You have complete discretion to provide Cashere Services and/or engage in other business activities in line with trading regulations. At any time, Two Man Tent retains the right to, deactivate or otherwise restrict You from accessing or using the Cashere Partner App or the Cashere Services in the event of a violation of this Agreement, your disparagement of Two Man Tent, Your act or omission that causes harm to Two Man Tent’s brand, reputation or business as determined by Two Man Tent in its sole discretion.
14. RELATIONSHIP OF ALL PARTIES
Except as otherwise expressly provided herein with respect to Two Man Tent facilitating the limited payment collection agent solely for the purpose of collecting payment from Cashere Customers on Your behalf, the relationship between the parties under this Agreement is solely that of independent contractors. The parties expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment relationship between Two Man Tent and You; and (b) no joint venture, partnership, or agency relationship exists between Two Man Tent and You. You have no authority to bind Two Man Tent and You undertake not to hold Yourself out as an employee, agent or authorized representative of Two Man Tent and/or its Affiliates. Where, by implication of mandatory law or otherwise, You may be deemed an employee, agent or representative of Two Man Tent or an Affiliate of Two Man Tent, You undertake and agree to indemnify, defend (at Two Man Tent’s option) and hold Two Man Tent and its Affiliates harmless from and against any claims by any person, entity, regulators or governmental authorities based on such implied employment, agency or representative relationship.
15. TERM, TERMINATION AND SUSPENSION
Term. This Agreement shall commence on the date that the Agreement is executed by You (electronically or otherwise) and shall continue until terminated as set forth herein.
Termination. Either party may terminate this Agreement: (a) without cause at any time upon seven (7) days prior notice to the other party; (b) immediately, without notice, for the other party’s material breach of this Agreement; or (c) immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party.
Suspension of Services. We may by notice suspend the provision of the Cashere services at our sole discretion.