Terms & Conditions – MyCash Mobile Wallet
This product is being offered as part of a Pilot Testing plan in the Fintech Regulatory Sandbox established and regulated by the Bank of Jamaica.
This Terms and Conditions (the ‘Terms’) is a legal agreement between you (‘you’ or ‘your’) and Paymaster (Jamaica) Limited, a company incorporated in Jamaica with registered address of 9 Molynes Place, Kingston 10, Saint Andrew, Jamaica (“Paymaster”) licensed by the Bank of Jamaica as a Remittance Provider, Licence No. #PA-047.
These Terms govern your use of MyCash which includes a mobile wallet, the mobile application, website, platform system, hardware and other products and services (collectively, the ‘MyCash Services’ or ‘Services’), whether such Services are offered by Paymaster, an Affiliate or an authorized third party service provider.
- “Account” means the MyCash Account
- “Affiliate” means any person, legal or natural, which directly or indirectly through one or more intermediaries, (i) is or becomes controlled by a Party, controls a Party, or is under common control with a Party, or (ii) a Party holds directly or indirectly 50% or more of the shares or voting power.
- “Cash” means the lawful currency of Jamaica in the form of physical notes and coins;
- “Custodian Account” means the bank account(s) held at the Custodian Bank in the name of Paymaster for the purposes of the MyCash System
- “Custodian Bank” means the National Commercial Bank
- “Mobile Money” means the electronic monetary value depicted in your MyCash Account representing an equal amount of Cash held by the Custodian Bank and which may be redeemed through MyCash Agent for an equal amount of Cash or used in the conduct of Transactions;
- “MyCash Account” means the record maintained by us on the MyCash System indicating the amount of Mobile Money from time to time held by you in your MyCash Wallet and represented by an equivalent amount of Cash held in the Custodian Account on your behalf;
- “MyCash Agent” means an entity appointed by Paymaster to offer MyCash Registration, cash in and cash out Services;
- “MyCash Services” means any of the products and services provided to you by Paymaster connected to the MyCash System, and includes without limitation: P2P Service, Bill Pay, Mobile Prepaid Top-Up.
- “MyCash System” means the web and/or app based platform run by Paymaster directly or through a third party provider to facilitate the Services;
- “MyCash Wallet” means the digital wallet operated by the MyCash System in which your MyCash Account containing Mobile Money.
- “P2P Service” means the peer-to-peer transaction service which allows Users to send funds or receive funds for peer-to-peer personal, non-commercial purposes from one MyCash User to another MyCash User.
- “Payment Instruction” means the instructions from a MyCash User to transfer money out of their account for payment of a MyCash Service
- “PIN” means your personal identification number being the password you choose to access and operate your MyCash Wallet and includes the one-time 4-digit PIN sent to you on registration for the purpose of activating your MyCash Wallet. This may also include your Card-PIN in certain circumstances;
- “Prepaid Airtime” means mobile phone calling credit on the Digicel Mobile Network;
- “SMS” means a short messaging service that enables the transmission of text messages from one mobile phone to another;
- “Transaction” means the movement of money in to, or out of your MyCash Wallet;
- “Transaction Limits” means the daily, weekly and monthly prescribed monetary thresholds attached to each type of Account in your MyCash Wallet and the MyCash Service, outlined at mycashdfs.com
|Limits and documentation required
||MyCash (Level 1)
||MyCash Plus (Level 2)
|Daily Spend Limit
|P2P Transaction Limit
|Daily Load Limit
- “User” means any person with a MyCash Wallet.
2. SERVICE DESCRIPTION
- Paymaster operates MyCash and allows you to send and receive money through your registered mobile phone, as well as carry out any of the other MyCash Services.
- MyCash is available to all upon registration for the MyCash Services and your acceptance of these Terms and Conditions. Customers on other mobile networks may also access the MyCash Services but may not have unlimited access to all the Services or the complete range of functionality.
- You may register for a MyCash Wallet through the App, through the USSD Menu or by visiting any MyCash Agent and following the instructions therein.
- By registering to use the MyCash Wallet you agree to comply with all of the provisions of these Terms. You also agree to comply with the following additional policies and other agreements (collectively “Additional Terms”) posted on mycashsdfs.com that apply to you based on the MyCash Services you access:
- Consent to Receive Electronic Disclosures (E-Sign Disclosure and Consent)
- Mobile Prepaid Recharge Terms
- We may revise these Terms and any of the policies listed above from time to time. The revised version will be effective on the date of publication, unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will provide notice to you of changes.
- We reserve the right to amend these Terms at any time without notice, subject to applicable law. By continuing to use the MyCash Wallet and the MyCash Services after any changes to these Terms become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to these Terms, you must close your MyCash Wallet immediately and discontinue use of the MyCash Services.
- You acknowledge that MyCash is neither a bank nor a deposit-taking institution.
- All charges applicable to the MyCash Services are set forth in a separate fee schedule published mycashdfs.com and available at MyCash Agent outlets and are subject to change at any time at Paymaster’s sole discretion.
3. MyCash Wallet – Registration
- You must register for a MyCash Account to use the Services.
- To register, open, use, or upgrade a MyCash Account, Paymaster may require certain information, including but not limited to your name, date of birth, tax registration number, email address, mobile phone number, street address, and a government issued form of identification.
You represent and warrant that you own the email or mobile phone number you register with and all information entered or collected in the course of creating your MyCash Account.
- To register for a MyCash Account you must be at least 18 year old with the capacity to enter into contracts, and you must be a resident of Jamaica.
- During registration, Paymaster will ask you for information, including your name and other personal information that corresponds to the type of the MyCash Account being registered for.
- You acknowledge that we may verify your identity information through publicly available and/or restricted government databases in order to comply with regulatory requirements.
- There are two types of MyCash Accounts with corresponding monetary limits and data requirements.
- You in your sole discretion may choose the type of MyCash Account you wish to operate.
- Each Customer may only operate one MyCash Account, at any time. The MyCash Account will be attached to the MSISDN and TRN of the Customer.
- You must provide accurate and complete information in the registration process and keep that information current by updating your MyCash Wallet from your settings under Account section.
- Paymaster may reject your application at its discretion for failure to comply with any of the account opening requirements or failure to provide satisfactory proof of identification where necessary.
- Paymaster may in its absolute discretion refuse to register or revoke the registration of any person on the MyCash System.
- You are fully responsible for all activity that occurs under your MyCash Wallet, including for any actions taken by persons to whom you have granted access to the MyCash Wallet.
- Paymaster reserves the right to suspend or terminate the MyCash Wallet of any User who provides inaccurate, false, misleading or incomplete information.
- Paymaster reserves the right to request further information pertaining to your MyCash Wallet at any time, failure to provide such information may result in limitation on usage of the MyCash Service, suspension or termination of the MyCash Wallet.
- Types of MyCash Accounts
- The two types of MyCash Account are as follows:
- MyCash (Level 1)
- MyCash Plus (Level 2)
- A User may at any time at their sole discretion upgrade their MyCash Account, subject to the completion of the requisite enhanced due diligence and submission of all additional documentation required
- The daily and monthly Transaction Limit shall be determined by Paymaster and is subject to change at any time.
- The Transaction Limits can be found here mycashdfs.com
- Verification of Information
- On submission of registration documents, all Users will be given a MyCash Account until the additional due diligence required for the MyCash Plus is completed.
- You hereby authorize Paymaster, directly or through the use of third parties, to make any inquiries we consider necessary to validate your identity or authenticate your identity and Account Information. This may include:
- asking you for further information, such as your date of birth, taxpayer registration number, your physical address and other information that will allow us to reasonably identify you;
- asking you for information or documentation about your Account usage
- requiring you to take steps to confirm ownership of your email address, mobile number or financial instruments;
- ordering a credit report from a credit reporting agency,
- verifying your information against third party databases or through other sources; or
- requiring you to provide your driver’s license or other government issued identification.
- In connection with your use of the Service, you may not refuse to:
- cooperate in an investigation concerning activity that potentially violates the law or the Terms,
- provide confirmation of your identity, or
- provide confirmation of any information you provide us.
4. MyCash Wallet – Usage
- Once your MyCash Wallet has been activated, you will be able to access the following Services:
- Cash-In through any of our MyCash Agents islandwide;
- Request and send Mobile Money through P2P Service;
- Cash-Out through any MyCash Agents;
- Purchase Digicel Prepaid Airtime;
- Pay bills for any billers in our bill pay network;
- Manage your Account (e.g. check balance inquires, change PIN, etc.); and
- Any other MyCash Service as may be introduced by Paymaster from time to time.
- MyCash Plus Users can also access the following Services:
- Increased transaction and wallet limits
- Users will be able to block/unblock their MyCash Wallet.
- Paymaster does not warrant that all Mobile Money Services shall be available at all times to all Users and may withdraw any functionality or the MyCash Service in general as a direct result of new or amended legislation, regulations or government policy or any other compelling reason.
- MyCash Basic Restrictions
- MyCash Basic Accounts can be used for the Services outlined at section 4.1 but you will not be able to receive international remittances or any of the other MyCash Services or products listed at 4.2.
- If you have a MyCash Basic Account and an international money remittance is sent to you, you will be given the option of upgrading your Account to a MyCash Plus Account.
- To upgrade your Account, you will need to provide us with all the requested personal information and documentation required for the upgraded account.
- Transaction Reviews
- Anti-money laundering and counter-terrorism financing laws may require that we verify the required identifying information if you use certain MyCash Services. We reserve the right to close, suspend, or limit access to your MyCash Wallet and/or the MyCash Services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.
- If you decline to provide us with the information that we request or if we cannot verify your identity to our satisfaction (in our sole judgment and discretion) for any reason, then your MyCash Account will remain a MyCash Basic Account and you will be restricted to the applicable monetary limit and will not be able to access certain MyCash Services.
- Reviews may result in:
- delayed, blocked or cancelled transfers;
- money being seized;
- money being applied to amounts you owe to us due to your incorrect usage of the Services, conduct in breach of this Agreement or used to offset loss incurred by us;
- account limitation, suspension or termination;
- money being seized to comply with a court order, warrant or other legal process; or
- money you previously received being reversed (i.e., sent back to the User who made the transfer).
- Restrictions on Use.
- Using your personal MyCash Wallet to carry out transactions on behalf of another person is prohibited and may expose you to criminal liability under the Proceeds of Crime & Anti-Money Laundering Act. You may not use, or permit the use of your MyCash Wallet to carry out any transactions on behalf of any other person.
- You must not use the MyCash Services for the receipt of or payment for goods or services that offend or circumvent any law including without limitation, narcotic drugs, firearms, obscene or pornographic material or services, participation in pyramid or ponzi schemes, infringement of third party intellectual rights, running illegal or unauthorised lotteries, gaming or gambling, as well as material that is morally repugnant; incites violence or desires to cause harm; induces an unacceptable sense of fear or anxiety; encourages or incites any person to engage in dangerous practices or to use harmful substances; induces or promotes tribal, religious or racial disharmony; causes grave or widespread offence; or debases, degrades or demeans others.
5. MyCash Wallet – Funds
- You may acquire Mobile Money in your MyCash Account by:
- Cash deposits at a MyCash Agent outlet,
- Peer to Peer transactions for MyCash Users,
- Any other acceptable means that Paymaster may provide.
- All Transactions shall be denominated in Jamaican Dollars.
- All funds held in your MyCash Account will be combined with the funds of other MyCash Users and placed in designated accounts with the Paymaster Custodian Bank (“Custodian Account”).
- The Custodian Account will be in Paymaster’s name.
- No interest will be paid on any funds held in your MyCash Account.
- You agree that you will not receive interest on or other monies derived from the funds that Paymaster handles and places in pooled accounts. It is likely that Paymaster will receive interest on funds held for its users. In consideration for your use of the MyCash Service, and with full knowledge and understanding that Paymaster will receive this interest, you irrevocably transfer and assign to Paymaster all rights that you may have in any interest that may accrue on funds held in the Custodian Accounts.
- Subject to the prescribed Transaction Limits and the provisions of these Terms, the balance of your MyCash Account is redeemable at any time and shall be disposed of only in accordance with your instructions given via the MyCash System.
- You acknowledge that Paymaster shall treat the records of the MyCash System as conclusive evidence of the amount of Mobile Money in your MyCash Wallet and Paymaster is not bound to make any independent investigation of the amounts therein.
- Account Statements
- You have the right to receive an account statement showing your MyCash Wallet activity. You may view your MyCash Wallet account statement by logging into your MyCash Wallet on the MyCash website or app.
- You may obtain information about the amount of money you have remaining in your Account and can view your 12-month and 24-month history of Transactions in the App or on the website.
- Printed statements will carry a fee.
6. MyCash Access Responsibility
- Your MyCash Wallet is linked to your mobile number and is PIN protected. Users may request and be issued a MyCash Card which can be used to access their MyCash Account at all Cirrus ATMS islandwide and pay for good and services at any business that accepts Mastercard products. The MyCash Card shall have a Card-PIN. For the purposes of this section “PIN” also includes your “Card-PIN”.
- You hereby agree to guard your PIN and not to disclose it to any third party including MyCash Agents, staff or any person purporting to have authority to ask for it. We will never ask you to disclose your PIN.
- You acknowledge that you are solely responsible for safeguarding your PIN, Secret Answers, password, and all access controls linked to your MyCash Wallet, and for restricting access to the Services from your compatible mobile devices and computer(s).
- You will be liable for any loss suffered by you resulting from your failure to abide with this section. Paymaster shall not be liable for any disclosure of your PIN to any third party and you hereby agree to hold Paymaster harmless from any and all losses that result from any PIN disclosure.
- You will immediately notify Paymaster of any unauthorised use of your password or MyCash Wallet or any other breach of security.
- You are solely responsible for all instructions given to Paymaster in relation to your MyCash Wallet.
- Paymaster shall deem each correct PIN entry as being performed by the legitimate owner of the MyCash Wallet and shall regard all subsequent Transactions as validly performed by you.
- MyCash Card Validity and Expiry. If you have been issued a MyCash Card, such Card remains Paymaster’s property at all times. The Card must only be used within the “valid from” dates shown on the Card.
- Limitation or Cancellation of Card and/or Electronic Access. Paymaster may cancel or limit your access to your MyCash Account, My Cash Card, or electronic access through authorized ATMs without prior notice and without any liability if:
- Paymaster suspects that use of your Account, Card, Card-PIN or electronic access may cause Loss to you or to Paymaster;
- Paymaster suspects you of being fraudulent or engaging in inappropriate behavior;
- Your MyCash Account which the Card may access has been closed;
- The MyCash System or equipment malfunctions or are otherwise unavailable for use;
- Paymaster believes that the security of your electronic access or the MyCash System and equipment may have been compromised; or
- Paymaster is required to do so by law.
7. Loading your MyCash Account
- You may credit your MyCash Account only and may not directly credit another User’s MyCash Account.
- In order to credit your MyCash Account, you must complete the information requested, including passing the identity and security validation and verification procedures to ascertain that you are the owner of the account and then hand over the cash equivalent to the Mobile Money sought to be loaded to the MyCash Account.
- After submitting the cash to the MyCash Agent, you must ensure that you sign as conclusive evidence that you have successfully completed the deposit Transaction.
- Deposits must be within the prescribed limit attached to the tier of the Account.
8. Peer to Peer Transactions
- When you access the P2P Service you authorize us to access your account and move funds on your behalf.
- Sending Funds
- By initiating each Payment Instruction, you authorize us to debit your MyCash Account to send those funds to your designated Recipient (a “P2P Payment”) immediately upon your request.
- If the balance in your MyCash Account is not sufficient to carry out your Transaction (including covering the Transaction fees) request in full, the Transaction will not be completed and no Mobile Money will be deducted from your Account.
- You understand and agree that when you successfully initiate a P2P Payment Instruction, processing will begin, and funds may leave your MyCash Account as early as the moment you initiate the Payment Instruction. In some cases, the transfer of funds may be delayed due to incomplete information or threshold limit. You hereby authorize and direct us to retain such funds until the earlier of such time as the Recipient has provided all required information or no more than five (5) days.
- We shall incur no liability if we are unable to complete a P2P Payment Instruction due to:
- inaccurate or insufficient Payment Instructions,
- either you or the Recipient does not provide us with any information that we request,
- an inability to verify your identity or the identity of the Recipient to our satisfaction, or
- threshold limit attached to the relevant type of MyCash Account has been surpassed for the month and the Recipient does not upgrade their MyCash Account, if possible.
- Upon the successful completion of your Transaction to another MyCash User, Paymaster will immediately cause the transfer of the Mobile Money to the other User’s MyCash Account. You and the Recipient will both be notified by SMS as to the completed status of your transaction.
- Requesting Funds
- MyCash Users can block other Users from requesting funds.
- Paymaster reserves the right to terminate the MyCash Account of a User if three (3) or more other MyCash Users have blocked the User’s MyCash Account from sending requests.
- You may request funds to be transferred to you through the P2P Service by designating the amount of funds requested and your selected Sender (a “Cash Request”).
- If the Sender approves your Cash Request, your Cash Request will become the Sender’s Payment Instructions and be processed as described hereinbefore.
- Receiving Funds
Any P2P Payment you receive via the P2P Service will be stored in your MyCash Account.
- Withdrawal (Redemption) of Mobile Money
- Cash Out at MyCash Agents:
- Upon passing the identification vetting requirements conducted by a MyCash Agent, you may withdraw your Mobile Money at participating MyCash Agents by accessing your MyCash Account and following the instructions therein.
- Any withdrawal Transaction must be initiated and completed within the MyCash Agent premises
- Paymaster shall, subject to Transaction Limits, process the requests you make immediately after being satisfied that the person making the redemption has passed all identity and security validation and verification procedures.
- In the event of a dispute over the redemption of the funds, it shall be sufficient for Paymaster to show a logical association between the Transaction and the verification of identity and/or security procedures conducted to ascertain identity of the person entitled to the funds.
- A withdrawal fee is payable each time you withdraw funds from your MyCash Account.
- Transaction SMS
- Each Transaction you undertake will be accompanied by a Unique Reference Number that will appear in the confirmation SMS sent to you and will include an updated balance of your MyCash Wallet. This Unique Reference Number may be used to track & identify the Transactions carried out on your Account and the SMS should therefore not be deleted if reliance on it will be required.
- You hereby authorize Paymaster, its Affiliates or any authorized third party to disclose any information necessary to process and send a SMS to carry out the MyCash Services.
- Where Paymaster is unable to complete a transaction, you will be notified by SMS as to the reasons for not completing the transaction.
- Paymaster will not be compelled to refund or compensate a User if the Mobile Money Transfer is sent to a recipient mistakenly or in error or fraudulently or under duress and subsequently redeemed for Cash or otherwise spent by the recipient of the mistaken, erroneous or fraudulent Transaction and you hereby agree to hold Paymaster harmless for any losses arising from a mistaken, erroneous or fraudulent transfer of funds or any transfer of funds from your account effected under duress or under coercion or criminal force.
- Transaction Processing Restrictions
Your Transaction request will not be completed:
- if as Sender you have insufficient funds in your MyCash Wallet to complete a Transaction and to cover the charges for a Transaction;
- If either User has reached the threshold prescribed by Paymaster;
- If you have reached the daily limit prescribed by Paymaster;
- If your MyCash Wallet has been temporarily suspended or permanently frozen due to due diligence issues, money-laundering issues or any other compliance-related ground;
- If there is any other compelling reasons such as temporary system delay or outage.
- A Transaction once completed is final and irrevocable. As such, Paymaster shall not be under any compulsion to reverse any Transaction.
- P2P Service Limits & Fees
- If the amount being sent, is above the prescribed limit for the recipient’s MyCash Classic Account, the recipient will be prompted to upgrade to a MyCash Plus Account, and will need to provide additional ID for enhanced due diligence purposes.
- We may adjust these limits at any time at our discretion.
- The fee for the P2P Service will be displayed at the time of the transaction.
- If the amount being sent, is above the prescribed limit and the Account in use is a MyCash Plus Account, then the transfer will be refused and reversed.
- We reserve the right to charge for or change the fees associated with use of the P2P Service at any time with reasonable notice, subject to these Terms.
- Payment Cancellation, Stop Payment Requests and Refused Payments
- Our ability to stop or cancel a P2P Payment Instruction depends on how the Payment Instruction was initiated, and whether the Payment Instruction has begun processing or been confirmed.
- We are not required to stop, cancel, or recover funds associated with a misdirected Payment Instruction.
- Paymaster shall only cancelled or reverse transactions that have not been confirmed and the processing completed.
- Notwithstanding anything to the contrary in these Terms, Paymaster reserves the right, at its sole discretion, to cancel or reverse a Transaction if reasonable grounds such as manifest error or fraud are shown and PROVIDED that the recipient has not redeemed the Mobile Money and the reversal claim is made within one (1) month of the erroneous Transaction date.
- Risk of Fraudulent Transactions
The P2P Service is a money transmission service. As a result, fraudulent transactions may result in the loss of funds with no recourse.
9. Error Resolution
- For the purposes of this section, an “error” means the following:
- When money is either incorrectly taken from your MyCash Wallet or incorrectly placed into your MyCash Wallet, or when a Transaction is incorrectly recorded in your MyCash Wallet
- You send a payment and the incorrect amount is debited from your MyCash Wallet.
- An incorrect amount is credited to your MyCash Wallet.
- A Transaction is missing from or not properly identified in your account statement.
- We make a computational or mathematical error related to your MyCash Wallet.
- The following will not be considered an error:
- If you give someone access to your MyCash Wallet by giving them your login information, and they use your MyCash Wallet without your knowledge or permission. You are responsible for transactions made in this situation.
- Invalidation and reversal of a payment as a result of the actions described under Sections 8.14 or 9.6.
- You request an account statement that we are required to provide to you.
- Invalid P2P Payments
- If we believe you received a payment that should not have been made for some reason (for example, fraud), you give us permission to reverse that payment. We are not responsible for any payments that you receive, even if you don’t know who sent the payment.
- If you receive a P2P Payment and we later determine in our sole discretion that the P2P Payment was an error or invalid for any reason, you hereby authorize us to move funds from your MyCash Account in an amount equal to the P2P Payment.
- If you receive funds in error you acknowledge that you shall be obliged to return the funds to the sender failing which Paymaster may reverse the payment to the sender.
- You may be liable to face prosecution for consuming or utilising funds sent to you in error.
- You acknowledge and agree that we will not be liable in any way for any P2P Payments that you may receive, regardless of whether you authorized the sender to send them to you.
- In case of errors or questions about your electronic transfers:
- Telephone us at 888-935-2274, or
- Contact us through the Help Center on the MyCash website, or
- Write us at Paymaster (Jamaica) Limited, Attn: Customer Care, 9 Molynes Road, Kingston 10, Saint Andrew, Jamaica.
- If you wish to report an error, the report must take place within 30 days of the Transaction. All complaints or reports must be in writing and shall contain:
- Tell us your name and account number.
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
- We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your MyCash Account within 10 Business Days for the amount you think is in error and will notify you within 2 Business Days of the credit, so that you will have the use of the money during the time it takes us to complete our investigation. We will tell you the results within 3 Business Days after completing our investigation.
- If we determine that there was an error, we will promptly credit the full amount of the error into your account within 1 Business Day of our determination. If you have already received a provisional credit, you will be allowed to retain those amounts.
- If we decide that there was no error, we will send you a written explanation, and, if you received a provisional credit, after giving you 5 Business Days advance notice of the date and amount of the debit, we will remove it from your account.
- You may ask for copies of the documents that we used in our investigation.
- Processing Errors
- We will rectify any processing error that we discover. If the error results in:
- You receiving less than the correct amount to which you were entitled, then we will credit your MyCash Wallet 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 Wallet 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.
- If any of the above occurs 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 fire, flood or loss of internet connection), despite our reasonable precautions.
- Processing errors are not:
- Delays that result from us applying holds or limitations.
- Delays based on a payment review or bank transfer 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 sending).
10. Amounts owed to us
- We may deduct amounts owed to us, in whole or in part, from money that is sent to your MyCash Wallet at a later time, either by you or from payments sent to you.
- While you owe amounts to us, we may:
- reverse payments you have sent,
- engage in collection and other efforts to recover such amounts from you, and
- place a limitation or take other action on your MyCash Wallet as necessary to recover the amounts owed.
11. Compatible Mobile Devices and Third Party Carriers
- Paymaster does not warrant that the Services will be compatible with your mobile device or carriers outside of the Digicel Mobile Network.
- Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or carrier.
12. Suspension, Termination & Freezing
- Paymaster reserves the right at its sole discretion to suspend or terminate the agreement if you have entered inaccurate information including incorrect security access controls.
- Your Account shall be suspended if you have not been active on your MyCash Account for two (2) years. In the event of account suspension, Paymaster shall archive your MyCash Account. Money held to your credit shall not be lost by virtue of archiving your MyCash Account and shall be availed to you upon notice by you of the activation of a new mobile telephone number.
- You acknowledge that Paymaster may be compelled by law to suspend and/or freeze your MyCash Account or decline to execute your Transaction requests if there are reasonable grounds to suspect that a MyCash Wallet has been or is being or may be used to receive or send funds in connection with any criminal or fraudulent activity.
- If these Terms or your MyCash Wallet is terminated or suspended for any reason:
- any rights granted under these Terms will end,
- Neither Paymaster nor its affiliates will be liable to you or any third party for compensation, reimbursement or damages for any termination or suspension of the Services or for deletion of your information or account data.
- You may close your Account at any time by sending a letter to Paymaster (Jamaica) Limited, Attn: Customer Care, 9 Molynes Road, Kingston 10, Saint Andrew, Jamaica.
- Paymaster shall only accept a closure request if the balance in the MyCash Wallet reads zero (0) dollars.
- Paymaster may, at its discretion, close your MyCash Wallet at any time for any reason upon giving one (1) week’s notice to you and making reasonable attempts to reach you. In such circumstances, you shall be entitled to the balance of any funds remaining in your MyCash Wallet.
- Paymaster may send notices to you at any postal address provided by you, electronically by SMS to your mobile telephone number with which you registered on the MyCash System or via electronic mail.
- This agreement terminates automatically upon the death of the Customer who has signed up for the MyCash Wallet.
- Termination of Sandbox Testing.
- In the event Paymaster’s involvement in the Fintech Regulatory Sandbox is terminated, voluntarily or otherwise, and the MyCash Wallet is not being launched, Paymaster shall inform all customers the End of Service in the following manner:
- By sending a SMS, email and/or in-app push notification to subscriber base.
- By posting an End of Service notice on Paymaster website
- The notification to the MyCash customers shall be no less than 30 days (“Notice Period”) prior to the Effective Termination Date.
- During the Notice Period, MyCash service shall remain available to active customers in the same manner as it was offered prior to the Notice Period. Customers shall be able to perform all activities except for:
- Registration in any channel
- Any reload or Cash-in transaction that would result in funds being added to the MyCash Wallet.
- Within 10 days of the Effective Termination Date, Paymaster shall:
- Make up to 3 additional contact attempts to Users with balance available to return funds; and
- Clear and settle all transactions
- In the event of remaining funds available after 30 days of the Termination Date, Paymaster shall contact customer directly to refund all funds balance.
You will indemnify, defend and hold Paymaster, its affiliates and third-party providers, harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest and expenses (including without limitation reasonable legal fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties or obligations set forth in these Terms; (b) your wrongful or improper use of the Services; (c) your violation of any Applicable Law; and (d) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.
- Customer Representations and Warranties.
You represent and warrant to Paymaster that:
- you are at least eighteen (18) years of age;
- you are a resident in Jamaica;
- you are eligible to register and use the Services and have the right, power and ability to enter into and perform under these Terms
- any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services;
- you and all Transactions initiated by you will comply with all Applicable Law;
- you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and
- your use of the Services will be in compliance with these Terms and any other applicable Terms.
- Paymaster Representations and Warranties
- Paymaster shall report any suspicious account activity to its Money Laundering Reporting Officer (MLRO). The MLRO may escalate the suspicious activity to the relevant law enforcement authority.
- The MyCash Wallet and MyCash Services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. Paymaster specifically disclaims any implied warranties of merchantibility, fitness for a particular purpose or non-infringement.
- Paymaster does not warrant or guarantee that the services:
- are accurate, reliable or correct;
- will meet your requirements;
- will be available at any particular time or location, uninterrupted, error-free, without defect or secure, or that any defects or errors will be corrected; or
- are free of viruses or other harmful components.
- Paymaster makes no representation that:
- the MyCash Wallet or any Account therein is available for use outside of Jamaica, or
- the MyCash Services or other content on the MyCash Wallet are appropriate or available for use outside Jamaica.
- If you choose to access your MyCash Wallet from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable.
- Paymaster does not warrant, endorse, guarantee or assume responsibility for any product or services advertised or offered by a third party.
- Subject to the foregoing, Paymaster warrants that the MyCash Services will be provided with reasonable care and skill. If this warranty is breached, you must notify Paymaster customer care as soon as possible. You must give Paymaster a reasonable time to fix the problem, which solution may include:
- supplying you with a reasonable way to work around the problem that is not materially detrimental to you and/or
- re-performing any relevant Service(s).
- PAYMASTER WILL ATTEMPT TO FIX ANY PROBLEMS WITHOUT ANY ADDITIONAL CHARGE TO YOU. THIS WILL BE YOUR SOLE AND EXCLUSIVE REMEDY IN RELATION TO ANY SERVICE DISRUPTION OR BREACH AND NEITHER PAYMASTER NOR ITS AFFILIATES WILL HAVE ANY OBLIGATION OR LIABILITY IN RELATION TO ANY BREACH OR SERVICE DISRUPTION.
- Your Release of Us
- If you have a dispute with any other MyCash User, you release us 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 favour at the time of agreeing to this release.
15. DATA PROTECTION
- We will comply with our obligations under applicable data protection laws as regards relevant data in our possession relating to you and shall make available for inspection by you any information held by us about you in accordance with those laws.
- You hereby expressly consent to Paymaster transferring your data to third parties, including its affiliates, for processing to provide any of the MyCash Services.
- You hereby expressly consent and authorize Paymaster to disclose any Transaction data or information pertaining to your MyCash Wallet to any law enforcement, investigative or regulatory authority including without limitation the Jamaica Constabulary Force, Major Organised Crime & Anti-Corruption Agency, Bank of Jamaica, Tax Administration Jamaica or any competent Anti-Money Laundering authority for the purposes of any genuine enquiry or investigation or to any third party to which you have separately, either in writing or electronically through the MyCash System or otherwise, authorised Paymaster to disclose Transaction data or information pertaining to you or your usage of MyCash Wallet.
- You acknowledge that where your MyCash Wallet is determined by a competent judicial authority as containing proceeds of any criminal or money laundering activities, Paymaster may be required by law to surrender funds in your account to any statutory fund created for the purpose of recovering the proceeds of crime.
- Data Retention. You acknowledge that Paymaster may retain your Transaction data for a period of up to seven (7) years or as may be required by any law or regulation.
16. Limitations of Liability
- Neither your nor Paymaster’s liability: (a) for death or personal injury caused by its negligence; (b) for fraudulent misrepresentation or for any other fraudulent act or omission; (c) for breach of any statutorily-implied term as to title to goods supplied; (d) for any other liability which may not lawfully be excluded or limited, is excluded or limited by these Terms, even if any other term of these Terms would otherwise suggest that this might be the case.
- Neither Paymaster nor its Affiliates will be liable (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) for any: (a) loss of profit; (b) loss of sales, turnover, revenue or business; (c) loss of customers or contracts; (d) loss of or damage to reputation or goodwill; (e) loss of opportunity; (f) loss of anticipated savings; (g) loss of any software or data; (h) loss of use of hardware, software or data; (i) loss or waste of management or other staff time; or (j) indirect, consequential or special loss, arising out of or relating to these Terms, whether or not such loss was foreseeable or if the Party which would otherwise be liable for such loss was advised of its possibility (and, for the purposes of this Section, the term ‘loss’ includes a partial loss or reduction in value as well as a complete or total loss).
- Neither Paymaster nor its affiliates will be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss, damage, expense or liability incurred or sustained as a result of: (a) the use of any Service except for its normal intended purpose; (b) any adaptation or modification of any Service or integration or combination with any other product or material not supplied by Paymaster, in each case carried out by anyone other than Paymaster or without its express written consent; (c) the compliance by Paymaster with any design, specification or instructions provided by you on your behalf; and/or (d) any Third Party Services.
- Subject to the first, second and third paragraphs of this Section, Paymaster’s total liability arising out of or relating to these Terms or its subject matter and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) will be limited, in respect of each event or series of connected events, to the greater of: (a) the total of all amounts payable by you under these Terms in the three-month period immediately preceding the event giving rise to such liability (or, in the case of a series of connected events, the first such event); and (b) $100,000 Jamaican Dollars.
17. Third Party Products
Except as expressly set out in these Terms, all third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support or warranty assistance for other third party hardware or other products, you should contact the manufacturer directly.
- Any Dispute between you and Paymaster arising out of or in connection with these Terms or any Additional Terms, including in respect of their interpretation, subject-matter or termination, will be referred to and finally resolved by arbitration under the rules of Jamaica International Arbitration Centre (“JAICA”), whose rules are deemed to be incorporated by reference into these Terms.
- The number of arbitrators will be one. The place and seat of arbitration will be Kingston, Jamaica. The language to be used in the arbitration proceedings will be English.
- To the extent permissible by Law, the determination of the arbitrator shall be final, conclusive and binding upon the parties hereto. Each Party will be responsible for their own costs.
- For purposes of this arbitration provision, references to you and Paymaster also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorised users or beneficiaries of the Services.
- If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
19. Limitation on Time to Initiate a Dispute
Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
- These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
- We may transfer or assign the MyCash System, these Terms, or any right or obligation under these Terms at any time to an Affiliate.
21. Third Party Services and Links to Other Web Sites
- You may be offered services, products and promotions provided by third parties and not by Paymaster or Affiliates (‘Third Party Services’). If you decide to use Third Party Services you will be responsible for reviewing and understanding the terms and conditions for these services.
- Neither Paymaster nor its Affiliates is responsible for the performance of any Third Party Services.
- The MyCash Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement or recommendation by Paymaster. Such third party websites are not governed by these Terms. You access any such website at your own risk.
- Paymaster expressly disclaims any liability for these websites.
- Your browsing and interaction on a third party website, including those that have a link in the MyCash Services is subject to that website’s own terms, rules and policies.
22. Other Provisions
- These Terms and any applicable Additional Terms, constitute the entire agreement between you and Paymaster and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- You agree that there shall be no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
- You agree that there shall be no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms and any applicable Additional Terms.
- If any provision of these Terms or any Additional Term is invalid or unenforceable under Applicable Law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under Applicable Law and the remaining provisions will continue in full force and effect.
- These Terms do not limit any rights that Paymaster may have under trade secret, copyright, patent or other laws. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term.
23. CONSUMER FRAUD WARNING
- Paymaster is always looking for ways to help keep you even more secure. So stay on the lookout for some of these common scams:
- Accidental Payment: a scammer sends you a fraudulent payment, claims it was accidental, and asks that you return their money.
- Always use common sense when sending money. If something sounds too good to be true, it probably is. Only send money for yourself and not for others. Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us.
24. MONEY TRANSMITTER LICENSES
- Paymaster is a licensed provider of money transfer services regulated by the Bank of Jamaica and money transmission service is provided by Paymaster, pursuant to Paymaster’s licence.
- MyCash is only a payment service provider. We do not:
- Act as an escrow agent with respect to any money sent to you on MyCash that has not been transferred;
- Act as your agent or trustee;
- Enter into a partnership, joint venture, agency or employment relationship with you;
- Guarantee the identity of any user or seller;
- Determine if you are liable for any taxes; or
- Unless otherwise expressly set out in this agreement, collect or pay any taxes that may arise from your use of our services.
If, at any time, any provision of this agreement (or any part of a provision of this agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of this agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).
Any waiver of a breach or default of any of the provisions of this agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on our part to exercise or avail of any right, power or privilege operate as a waiver of any breach or default by you.
27. GOVERNING LAW.
This Agreement is governed by and will be construed in accordance with the laws of Jamaica, and the courts of Jamaica shall have exclusive jurisdiction to resolve any disputes in connection with them.
Save where expressly provided, any notice required to be given by us to you in connection with the subject matter of this agreement may be given by email or via the Applications.
30. CONTACT INFORMATION.
If you have any questions about this agreement or any complaints or require any assistance with the Applications or the Services you have purchased, we are always here to help. Kindly contact us through the contact details email@example.com or call at 888-935-2274.