Terms & Conditions for Agent

1. GENERAL

Pursuant to Reserve Bank of India (“RBI”) grating authorisation to Incashme Mobile Wallet Services Private Limited (“Company” or “Incashme” or “Us”) for issuance and operation of Semi-closed Prepaid Payment Instruments, Incashme proposes to appoint you (“You”) as an agent and business associate of Incashme (“Agent” or “You” or “Your”) to carry out the Services (as defined herein), subject to Your acceptance and adherence to the terms contained herein.

Before logging on to the Company’s web portal or the mobile application offered by Incashme for the purpose of acting as an agent of Incashme and performing relevant functions, You are required to read these terms of use (“Terms”). In case You are agree to these Terms, You can proceed to log-in. In case You do not agree to these Terms, You should not proceed to log-in. The Company’s web-portal and/or mobile application shall hereinafter be referred to as “Agent App”.

By logging into the Agent App, You agree to be bound by these Terms. You agree and acknowledge that the access and use of the Agent App by You is voluntary and of Your own accord, and that the Terms shall be binding on You, for access and use of the Agent App for providing the Services, in India (“Territory”). Your access and use of the Agent App shall be subject to the applicable laws, rules and regulations in force in the Territory, and as may be amended from time to time (“Applicable Laws”).

2. DEFINITIONS

The words and expressions beginning with capital letters in these Terms shall, unless the context otherwise requires, have the meaning ascribed thereto herein:

• Applicable Law: shall mean all applicable laws, statutes, rules, regulations, directions, guidelines, ordinances, orders, policies, judgments, decrees or other requirements or official directive of the applicable Governmental authorities, statutory authorities, regulatory authorities, RBI or courts of law or any person or entity acting through or under such authorities.
• Bank: shall mean the sponsor bank who is member of immediate payment service (“IMPS”) network provided by the National Payments Corporation of India (“NPCI”) and with whom Incashme has tied up for facilitating the participation of Incashme for the provisioning of Services.
• Customers: shall mean the end users availing the Services.
• Services: shall mean the services under “Incashme” brand of Incashme, appointment of Customers, facilitating the domestic remittances of the Customers via Agent App, appointment of merchant and such other roles and responsibilities which shall be intimated in writing by Incashme to the Agent from time to time.
• Software Program: shall refer to various software programme / application provided by Incashme which can be accessed via the Agent App or installed into a computer or mobile device enabling the dispensation of Services electronically.
• Transactions: shall mean the electronic transactions pertaining to rendering of Services to the Customers through the Agent Apps, the appointment of the customers, appointment of the merchants and associated tasks, including in relation to doing KYC.

3.YOUR OBLIGATIONS

1. You shall at all times comply with all the Applicable Laws relevant to the obligations of the Agent as per terms of this Agreement.
2. You shall at all times strictly comply with all the instructions, directions, guidelines and policies issued by Incashme, as the case may be, from time to time.
3. You shall maintain with Incashme, at all times, a minimum amount as directed by Incashme from time to time (“Float Amount”), towards rendering of Services. Float Amount shall be used/ adjusted towards the settlement of the Transactions made by in relation to the Services. You agree that the value of the Transactions under the Terms shall not exceed the Float Amount at any point of time in any circumstance. The quantum of the Float Amount shall be replenished from time to time by You in order to maintain the minimum balance. Maintenance of such Float Amount is the essential condition. Without prejudice to its other rights, Incashme reserves the right to set-off or adjust dues or loss suffered by it on account of breach or non-compliance of the Terms by You or on account of fine/penalty imposed by RBI or any other regulatory authority due to acts of commission or omission on Your part in providing the Services, from the Float Amount deposited by You with Incashme.
4. You shall ensure correctness of all details received from the Customers and merchants and Incashme will not be liable for any wrong or illegal or incorrect Transaction.
5. You shall not hold or retain cash received from Customers without completing the Transaction.
6. You shall resolve all queries, clarifications, inquiries, disputes and / or complaints of the Customers in relation to the Services offered. It being clarified that, You shall act as instructed by Incashme in this regard and shall be required to confirm with Incashme for any resolution that You may undertake in this regard.
7. You agree to take all necessary care and observe diligence while carrying out Transactions and shall be wholly and exclusively responsible for any liability arising due to failure to do so.
8. You in Your all dealings with the third parties shall describe Yourself only as “Agent” of Incashme and under no other description or nomenclature. You shall not describe Yourself as the partner or employee of Incashme nor shall it be entitled to represent Incashme in any manner whatsoever.
9. You shall not (except in the normal course of Incashme’s business) publish any article or statement, deliver any lecture or broadcast or make any communication to the press, including magazine publication relating to Incashme’s services or to any matter with which Incashme may be concerned, unless You have previously applied to and obtained the written permission from Incashme.
10. You shall not give or make any guarantees, warranties or representations on behalf of Incashme as to the conditions, quality, durability, performance, Agent’s ability of the Services other than or different from those provided by Incashme in writing.
11. You shall not engage, deal with or enter in to an agreement with any other party or any company/organization engaged in rendering/sale/promotion of same/similar services.
12. You shall not accept any gift, commission or any sort of gratification in cash or kind from any person, party or firm or other company having dealing with Incashme and if You are offered any of such, You shall immediately report the same to the management of Incashme.
13. Incashme, at its sole discretion, may provide to You suitable advertisement support, technical and marketing guidance and staff training as and when it may deem necessary. You shall not make use of Incashme’s logo/mark on any slips/receipts, visiting cards, letter heads etc. without written approval/consent of Incashme.
14. You shall be solely responsible to pay the salaries and other employees related payments to Your personnel/employees and for taking policies such as medical insurance, life insurance etc. for them and to comply with all Applicable Laws relating to employment of such personnel/employees of You and Incashme shall have no responsibility or liability of any kind whatsoever for the same.
15. You shall integrate all Your IT equipment (computer/mobile devices) with Incashme for seamless rendering of the Services.
16. You undertake that You shall not do anything that damages the name, goodwill and reputation of Incashme, its subsidiaries, and its clients, its affiliates and shall protect and enhance the name, goodwill and reputation of Incashme during the course of the fulfilment of its obligations under this Agreement.
17. You shall not render the Services at prices above the marked price as indicated by Incashme. You will also be directly liable to the sponsor bank or NPCI or RBI, in case of breach of this condition.
18. You shall not indulge in or promote any unlawful, illicit or illegal activity or purposes pertaining to the rendering of the Services.
19. You shall ensure that You shall carry out all verifications of the Customer and the merchants as may be required by Applicable Law from time to time and as per the instructions of Incashme.
20. You shall only levy service charges as specified by Incashme. Incashme shall have right to terminate Your appointment as Agent at any time without notice and may take legal action if You are found to have collected unauthorized fees/charges other than specified by Incashme.
21. You shall take all care in entering the Customer’s details correctly for carrying out Transactions. You are solely responsible to resolve issues arising out of any incorrect details and Incashme shall not have any liability or responsibility in such cases.
22. You shall be responsible for every Transaction done through You and You shall maintain books, papers, records, registers and accounts in accordance with the requirements of Applicable Laws and/or as required by Incashme.
23. You shall provide Services to the Customers on the spot as and when asked/required by the Customers during working hours. Incashme shall not be responsible for any dispute arising between You and Customer(s). In the event it is found/brought to notice of Incashme that You are misbehaving with any Customer or merchant, Incashme may take any strict action, that may include termination of Your appointment as Agent.
24. Unless otherwise agreed in writing, You agrees to give non-refundable charge to Incashme, as intimated by Incashme for the purpose of provisioning of Services through the Agent App. This charge will not be refundable in any circumstance and is a charge towards Services setup and maintenance costs of Incashme.
25. You agree to maintain the strict secrecy and confidentiality of log-in user-id and password provided to You and You shall not disclose the same to any third party. You agree that You shall be solely responsible for any unauthorised use or disclosure of Your user-id and password and Incashme shall not be liable in any manner whatsoever for any losses, claims, liabilities arising out of or in connection with such use and/or disclosure.
26. Code of Conduct

• • A. CUSTOMER SERVICE

1. Customers and merchants need to be attentively attended and all their doubts and queries should be clarified with the best effort by You.
2. Any dispute or transaction errors at the counter shall be resolved or raised to Incashme before the Customer leaves.
3. Agent shall convey and inform the Customer and merchants about the details of the Incashme’s grievance policy, complaint redressal mechanism including the contact details and phone number for complaint redressal, for the benefits of the Customers.

• • B. CONFLICT OF INTEREST AND OUTSIDE ACTIVITIES

1. Conflicts of interest can occur if business practices sacrifice interests of one set of Customers in favour of another or place business interests ahead of Customers.
2. Agent shall be sensitive and responsible to any activities, interests or relationships that might interfere with or even appear to interfere with, his/her ability to act in the best interests of all stakeholders.

• • C. PRIVACY – DO’S AND DON’TS

1. Do’s

1.1. Properly control access to your work areas and computers.

1.2 Protect the physical security of official information.

1.3 Limit access to information strictly to those with a legitimate business reason for seeking that information.

2. Don’ts

2.1. Do not discuss sensitive matters or confidential information in public places.

2.2. Do not transfer official information into personal databases or carry hard copies of official information, otherwise than for official purposes outside the office.

2.3. Do not disclose the username and password of the Agent App to anyone.

• • D. KNOW YOUR CUSTOMER (KYC)/ ANTI MONEY LAUNDERING

1. Agent shall always and strictly follow the KYC policy of Incashme, made specifically for the purpose of providing the Services. Agent shall keep in proper condition and safe custody all the documentations with regard to Customers as per KYC policy and will provide the same to Incashme promptly from time to time or as directed by Incashme.
2. Agent acknowledges that Money Laundering legislations criminalize money laundering in respect of all crimes including drug trafficking, terrorism, theft, tax evasion, fraud, handling of stolen goods, counterfeiting and blackmail. It is also an offence to undertake and/or facilitate transactions with individuals and entities involved in criminal activities.
3. Agent is aware of the anti-money laundering policy as adopted by Incashme.
4. Agent has to escalate all suspicious activities/transactions in respect of money laundering regardless of the amount involved or the nature of the offence as per the applicable procedures. Failure to report suspicious transactions despite having knowledge is an offence.
5. Agent shall not provide assistance to any person to launder proceeds of any criminal conduct. Prejudice an investigation by informing (i.e., tipping off) the person who is the subject of a suspicious transaction.

• • E. GENERAL

1. Agent shall provide full support and cooperation to Incashme, and furnish all the information, papers and documentation promptly in connection with any enquiry, investigation or audit done by Incashme or any external agency or regulatory or governmental authority in connection with provisioning of the Services.
2. Agent shall ensure that it provides complete information to the Customers for purpose of the availing the Services and educate them about the full details of the Services, the terms and conditions governing the Services, Customer grievance redressal mechanism, forfeiture policy and/or any other details as required by RBI and/or Incashme from time to time.
3. Agent shall intimate the Customers that the Services are being provided under the brand Incashme which is owned and powered by Incashme.
4. Agent agrees that all the terms and conditions mentioned herein are all material to this agreement and agrees to comply therewith.
5. The provisions of these Terms shall, as far as permitted by law, be binding upon the parties, executors, trustees, curators, legatees, heirs and other successors in title.
6. Agent shall not cede or assign any of its rights or obligations under the Terms without the prior written consent of Incashme.

1. 4. SYSTEM REQUIREMENTS

1. Incashme may levy software charges for the software if any supplied to You by Incashme, for enabling the provisioning of the Services.
2. In order to access the Agent App and provide the Services, You are required to have an internet compatible and internet enabled desktop/laptop/mobile device.
3. It is Your responsibility to ensure Your mobile device/desktop/laptop meets all the necessary technical specifications to enable You to access the Agent App and provide the Services.
4. It is Your responsibility to ensure that the operating system, antivirus software any other software is licensed and original.
5. You shall maintain secrecy of Transactions according to Fair Practice Code of Indian Bank Association (IBA).
6. You shall issue receipts of Transactions to Customers generated through system and no manual receipt will be valid. Responsibility of issuing receipt shall be of You and non-compliance will result in termination of Your engagement with Incashme as Agent.

1. 5. CHARGES AND PAYMENTS
2.  

1. Once a Transaction is executed by You and the Services are provided, all risks pertaining to that Services shall lie with You. Incashme shall be entitled to charge You any cash handling fee and/or other banking fees and/or other relevant administration fees that may be incurred by Incashme as a result of You depositing funds into Incashme’s account and/or for any debit instructions that the Bank may charge.
2. You shall be paid fees and commission by Incashme as announced and communicated through the Agent App or email or SMS or any other mode from time to time or as amended from time to time and the same will be subject to TDS and other taxes as per the laws applicable.
3. Incashme may charge fees from You like software or Agent App up-gradation fee or any other fee to recover the cost of up-gradation/installation of software/Agent App/any other equipment.

1. 6. TERMINATION AND PENALTY

1. Notwithstanding any remedies that may be available under any Applicable Law, Incashme may at its sole discretion temporarily or permanently deny, limit, suspend, or terminate the Services provided to You (without any notice), if Incashme believes that: (a) You have abused Your rights to use the Services; or (b) You are in breach of Terms or Privacy Policy; or, (c) You have performed any act or omission that violates any Applicable Law, rules, or regulations, or which is fraudulent, illegal, unlawful or undesirable; or, (d) You have performed any act or omission which is harmful or likely to be harmful to Incashme, or any other third party, including other users or suppliers of Incashme; or, (e) You made use of the Services to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or, (f) You made any confidential and/or proprietary information pertaining to Incashme and/or the Services public without the prior written consent of Incashme. You agree that notwithstanding the termination, Incashme will continue to be entitled to use the information supplied by You or collected from You during Your use of the Agent App and provision of the Services by You.
2. Upon any damages occurring to Incashme due to Agent’s negligence in rendering of the Services and/or due to Agent’s non-compliance of Applicable Laws and/or due to non-adherence to the terms and conditions of the Agreement and/or due to any fraudulent, illegal, unlawful or undesirable practices carried by Agent or any of its employees, Incashme has the right, without prejudice to its right to terminate the Agreement forthwith, to impose liquidated damages which shall be not less than 5,00,000/- (Rupees Five Lacs only) per instance and Agent agrees to pay the same on demand without any demur or contest.
3. Notwithstanding anything to the contrary in these Terms, Agent shall be liable to pay/indemnify Incashme for any fine or penalty imposed by any regulatory/governmental authority/RBI/court in connection with the acts of commission and omission of the Agents while providing the Services. Incashme shall be entitled at its sole discretion to setoff/adjust such fine/penalty from any payments due by Incashme to You.
4. Upon the termination of the Agreement for any cause or without cause whatsoever, Agent shall return all Incashme assets, inventories, services/ material, all instructions books and manuals, technical catalogues and other material, documents and papers etc whatsoever provided to Agent by Incashme, or as directed by Incashme. Agent shall be responsible for safekeeping and returning Incashme’s aforesaid assets, inventories etc. in good condition till the date of termination of the Agreement.

1. 7. LIMITATION OF LIABILITY

INCASHME, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OF AGENT APP OR THE INABILITY TO ACCESS THE AGENT APP AND PROVISION OF THE SERVICES, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE SERVICES, OR FROM ANY FAULT OR ERROR MADE BY INCASHME’S STAFF, OR FROM YOUR RELIANCE ON CONTENT DELIVERED THROUGH THE SERVICES, OR FROM THE NATURE OF CONTENT DELIVERED THROUGH THE SERVICES, OR FROM ANY COMMUNICATION WITH INCASHME OR FROM ANY DENIAL OR CANCELLATION OF REQUEST FOR INFORMATION THROUGH THE SERVICES, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT THROUGH THE SERVICES, REGARDLESS OF WHETHER INCASHME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, AS DEEMED FIT BY INCASHME IN ITS SOLE DISCRETION.

1. 8. DISCLAIMER OF WARRANTIES

1. EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS, INCASHME EXPRESSLY DISCLAIMS ANY OTHER WARRANTY WITH RESPECT TO THE USE OF THE SERVICES OR ANY CONTENT OR INFORMATION DELIVERED OR SENT THROUGH THE SERVICES TO YOU. THE SERVICES ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE OR ASSURANCE OF QUALITY, RELIABILITY OF THE CONTENT DELIVERED THROUGH THE SERVICES. INCASHME DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SERVICES. INCASHME DOES NOT WARRANT OR GUARANTEE THAT THE USE OF THE SERVICES WILL NOT CAUSE ANY DAMAGES TO YOUR DEVICE OR SYSTEM OR TO ANY OTHER SERVICES PROVIDED TO YOUR DEVICE OR APPLICATIONS AND CONTENT THAT RESIDE ON YOUR DEVICE. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE AGENT APP, AND PROVIDING THE SERVICES IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
2. INCASHME DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, OR THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR FREE FROM ERRORS OR THAT THE SERVICES WILL BE IMMUNE FROM UNAUTHORIZED ACCESS.
3. INCASHME DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT YOU WILL FIND THE SERVICES SUITABLE FOR YOUR NEEDS. INCASHME DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES YOU RECEIVE WILL BE FREE FROM TECHNICAL INACCURACIES OR THAT THE CONTENT WILL BE LEGAL, NON INFRINGING OR WILL NOT VIOLATE ANY RIGHTS OR APPLICABLE LAWS OR THAT THE CONTENT WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS.
4. YOU AGREE AND ACKNOWLEDGE THAT THE ROLE OF INCASHME IS LIMITED TO PROVIDING SERVICES AND THAT INCASHME DOES NOT IN ANY MANNER WARRANTY, GUARANTEE OR MAKE ANY REPRESENTATIONS IN RESPECT OF THE ACCURACY AND/OR VERACITY OF THE INFORMATION PROVIDED IN RESPECT OF SERVICES.
5. THE SERVICES AND THE CONTENT THEREUNDER ARE NOT INTENDED TO CONSTITUTE OR FORM THE BASIS OF ANY ADVICE (PROFESSIONAL OR OTHERWISE) OR TO BE USED IN, OR IN RELATION TO, ANY DECISION OR TRANSACTION. WE DO NOT ACCEPT ANY LIABILITY (REGARLESS OF HOW IT MIGHT ARISE) FOR ANY CLAIM OR LOSS ARISING FROM: ANY ADVICE GIVEN; ANY DECISION MADE; OR ANY TRANSATION MADE OR EFFECTED. IN RELIANCE ON, OR ON THE BASIS OF THE SERVICES AND THE CONTENT THEREUNDER NOR ANY SUCH LIABILITY ARISING FROM ANY OTHER USE OF, OR RELIANCE ON, THE SERVICES AND THE CONTENT THEREUNDER.
6. INCASHME CANNOT AND DOES NOT GUARANTEE THAT THE SERVICES AND ANY CONTENT THEREUNDER WILL BE FREE FROM VIRUSES AND/OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE ELEMENTS. IT IS YOUR RESPONSIBILITY TO IMPLEMENT APPROPRIATE SECURITY SAFEGUARDS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISY YOUR PARTICULAR REQUIREMENTS AS TO THE SAFETY AND RELIABILITY OF THE CONTENT.
7. INCASHME WILL BE ENTITLED TO USE, SUBJECT TO THE PRIVACY POLICY AS DEFINED ABOVE, ANY INFORMATION SUPPLIED BY YOU DURING THE COURSE OF ACCESSING THE AGENT APP AND PROVIDING THE SERVICES.

1. 9. INDEMNIFICATION

     You agree to indemnify and hold Incashme, its licensors, business partners of Incashme and their respective officers, directors, shareholders, employees, sub-contractors, merchants, parent companies, sister companies, subsidiaries and other affiliates, indemnified and harmless from any claim, liabilities, damages, costs, losses, demands, expenses, charges and penalties, including reasonable attorneys’ fees, made by any third party in connection with or arising out of, provisioning of the Services, or any act of commission or omission by You in adhering to these Terms or any breach of Applicable Laws or any fraudulent, illegal, unlawful or undesirable practices or negligence or mischief on Your part or any infringement of intellectual property rights of any third party or any unauthorised use of the Services by You.

1. 10. CONFIDENTIALITY

You undertake that You shall treat as confidential all Confidential Information of Incashme and shall not disclose such Confidential Information to any third party without the written consent of Incashme.

“Confidential Information” herein shall mean any technical, business, or proprietary information disclosed by Incashme to You or which may come into Your knowledge or possession, directly or indirectly, including, but not limited to, information regarding business strategies and practices, methodologies, trade secrets, know-how, pricing, technology, and software. Further, Incashme proprietary technology and software products, and the pricing and these Terms are Confidential Information of Incashme.

1. 11. AMENDMENTS TO THE TERMS

     

Incashme may amend and modify Terms from time to time, including any and all documents and policies incorporated thereto without any prior notice to You. You agree to be bound by any of the changes made in the Terms, including changes to any and all documents and policies incorporated thereto. Continuing to access the Agent App and to provide the Services will indicate Your acceptance of the amended Terms. If You do not agree with any of the amended Terms, then You must avoid any further use of the Agent App and provision of the Services. Incashme advises You to periodically read these Terms, as it may change from time to time.

1. 12. ENTIRE AGREEMENT

The “Terms” including the Privacy Policy constitutes the entire agreement between You and Incashme and governs Your access of the Agent App and providing the Services, superseding any prior agreements between You and Incashme with respect to the Services.

1. 13. GOVERNING LAW AND JURISDICTION

1. These Terms shall be governed by the laws of India. You and Incashme agree to submit to the personal and exclusive jurisdiction of the courts of Ahmedabad, Gujarat. In case of any dispute or other matter arising in reference to the Terms and/or the Services, such dispute or other matter shall be referred to a sole arbitrator appointed by Incashme and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Ahmedabad, Gujarat, and shall be conducted in English language. All the costs, charges and expenses in connection to the arbitration shall be solely borne by the user who raised the dispute.
2. Subject to the provisions of Clause 13.1 above, the courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all the matters which the court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Ahmedabad, India.

1. 14. WAIVER AND SEVERABILITY OF TERMS

The failure of Incashme to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

1. 15. SURVIVAL

You agree and confirm that the indemnities, confidentiality obligations, limitation of liability, disclaimer of warranties, dispute resolution mechanism, shall survive the efflux of time