The date of this agreement is: 15 May 2020
3.0 Agreement Changes
4.0 User Representations
5.0 Unlimited Use Policy
7.0 Fees and Charges
8.0 Wallet Description
9.0 Wallet Account
10.0 Wallet Deposits
11.0 Funds Transfer and Trading Exchange
12.0 Receiving Funds
13.0 Prohibited Transactions
14.0 Authorised Transactions
15.0 Unauthorised Transactions
16.0 Our Liability
19.0 Data Protection
20.0 Law and Jurisdiction
21.0 Help Centre
22.0 Contact Details
1.1 The following are the definitions of most commonly used terms in this 2cash User Agreement:
1.1.1 "Agreement" or "User Agreement" means these terms and conditions together herein with the Fee Table listed in Appendix A of this Agreement;
1.1.2 "2cash" means the branded technology, that is owned and operated by GTJ Holdings Limited and its associated operating entities;
1.1.3 "Business Day" means any day on which all banks are open for business in Hong Kong, other than a Saturday, Sunday or national public holiday in Hong Kong;
1.1.4 "Cancellation" means the rule which lets You close Your 2cash Wallet account;
1.1.5 "Suspend, Locked or Blocked" means the status of Your 2cash Wallet account;
1.1.6 "Digital Currency" and "Funds" and "Tokens" means value represented in your account that can be used for the purpose of making payment Transactions and which is accepted by a natural or legal person or entity other than Us;
1.1.7 "eWallet" or "Wallet" means the Web and/or App based digital account opened and maintained by Us in Your name for use in conducting Transactions on the Internet;
1.1.8 "Merchant" means a 2cash Wallet business account that is able to receive 2cash transfers from the 2cash Crypto-Commerce API;
1.1.9 "2cash User" means a Payee or a Payer, including a Merchant, having a Wallet account with Us;
1.1.10 "2cash Unique Reference Number" means a unique reference or account number assigned by Us to each and every 2cash User upon the opening of a 2cash Wallet and acceptance of this User Agreement;
1.1.11 "Payee" means the beneficiary in a Transaction, including a Merchant, receiving Transactions from the Payer;
1.1.12 "Payer" means the individual in a Transaction, including a Merchant, making a transfer to the Payee;
1.1.13 "Tariffs", "Fees" and "Charges" means any charges that are charged by Us and which are included in the 2cash Wallet Fee Table identified in Appendix A of this Agreement;
1.1.14 "Transaction" or "Transactions" means the act, initiated by You as the Payer or by Your Payee of placing, transfers, withdrawals irrespective of any underlying obligations between You as the Payer and Your Payee;
1.1.15 "Website" refers to www.2cash.io and/or ewallet.2cash.io or any other related 2cash.io domain or the Android or iOS installed app.
2.1 The Agreement between 2cash ( “We”, or “Us” including related acronyms) and the User (”You” or “Your” including related acronyms), regulates the opening, use and closure of the 2cash Wallet. For the use of additional 2cash Wallet services You may have to accept additional agreements as notified to You when You are ordering or using such services. The term ‘You’ refers to any natural or legal person, including without limitation, a body corporate or partnership that is associated with the opening and operation of the eWallet with Us. In this regard, We strongly encourage You to review this Agreement carefully. If you have any questions or comments please email: email@example.com.
2.2 When you create your new account by reviewing and accepting this User Agreement in addition to submitting your personal information for KYC verification, We consider that this User Agreement is understood and accepted by You and that You are agreeing to this Agreement, including the Fee Table. You also understand that all prior written and oral agreements are superseded.
2.3 The English language version of this User Agreement and the Website shall be the language constituting this Agreement for all purposes including dispute resolution. All communications between You and Us shall be in the English language. You also agree that where there is a conflict between this Agreement and the Website, this User Agreement will prevail.
3.0 Changes to the Agreement
3.1 We reserve the right to amend from time to time the fees or this User Agreement and further suspend, cancel, add, modify or delete any term and condition in connection with Your 2cash Wallet account at any time without advanced notice. We will notify you of any changes to the email that you used to confirm your account.
3.2 In the event that We provide You notice as per Condition 3.1 above, You reserve the right to cancel Your 2cash Wallet account and immediately terminate this Agreement without incurring any charges for doing so provided that You notify Us in writing or by contacting Us as per Appendix B within the said 30 days. If You do not notify Us within 30 days of any objection to the change that is due to take effect, You will be deemed to have accepted it.
4.0 User Representations and Acknowledgements
4.1 Upon accepting this User Agreement and any amended version thereof, You represent and warrant the following to Us:
4.1.1 You are legally competent, of sound mind, and legal age (18 years of age). We reserve the right to request from You any additional information necessary to proof Your age and identity;
4.1.2 The opening of the 2cash Wallet account is allowed in Your country of residence and by entering into this Agreement You represent and warrant to Us that that the opening of Your 2cash Wallet account does not violate any applicable legislation in force in Your country of residence. You shall indemnify Us against any losses We incur in connection with Your breach of this section;
4.1.3 You as a body corporate or partnership (if not a natural person) are duly registered, organised and validly existing under the applicable laws of the jurisdiction of incorporation as stated by Yourself upon the opening of Your 2cash Wallet account;
4.1.4 The acceptance of this User Agreement, all Transactions contemplated and the performance of all obligations contemplated under them, have been duly authorised by You. Whereupon You are not acting in Your name but on behalf of another person, You shall immediately notify Us. Upon notification, We reserve the right to suspend Your 2cash Wallet account until any processing to such effect has been finalised by Us;
4.1.5 In the eventuality that You appoint a third party and provide them access to your account, transactions executed by this person will be treated as having been duly authorised by You;
4.1.6 You confirm that You are compliant with all laws to which You are subject including, without limitation, all tax laws and regulations, exchange control requirements and registration requirements;
4.1.7 You accept that We are bound by anti-money laundering and counter funding of terrorism requirements and that You agree to provide Us, with true, correct and complete information including without limitation, the identification and verification documentation of the contracting parties and beneficial owners as requested, as well as any other documentation or information in compliance with such requirements;
4.1.8 You undertake that all values used to fund Your 2cash Wallet account originate from legitimate sources or activities;
4.1.9 You will not make negative, disrespectful or misleading comments or comparisons with other companies against 2cash and must only promote the good reputation of 2cash in any public or private capacity.
4.1.10 You will not participate as an affiliate with Us while you are involved in another programme or product that is in direct competition with 2cash, its products or services or affiliate programme.
4.1.11 In line with Our incentive based rewards when a user creates a 2cash wallet account with a promo code, that account is associated to the sponsor and may not be changed for any reason. Anyone who is identified as trying to change the promo code of an invited user or to motivate the user to cancel their account and create a new account under a different promo code will have their 2cash wallet account suspended for investigation by Us and based on the findings may risk their account being terminated.
5.0 Unlimited Use Policy
5.1 Individual account - subscribed AC20 users may process currency exchange trades, funds transfer and withdrawal transactions without fees on any transaction amount, within the requirements set by regulatory limits and related international AMLA (Anti Money Laundering Act) compliance. Based on average usage standards monthly transaction volume over USD$5000 or 50 transactions may be charged additional fees for excess transactional volume in any 30-day period. Meaning if a user processes either USD$5000 or 50 transactions within 15 days, the user may be charged an additional AC20 fee of USD$20 if additional transactional volume is done within the remaining 30 day period.
5.2 Business account - in addition to use policy defined in 5.1, business account users may be charged a fee on sales transactions based on the purchase price and volume transacted.
6.1 When We receive Your funds, these funds will be segregated from Our own funds, and placed into a user account, with an authorised credit institution domiciled in Hong Kong or in another reputable jurisdiction.
6.2 You acknowledge that there is no deposit guarantee scheme that covers the funds associated with Your 2cash Wallet account.
6.3 You acknowledge and accept that funds received by Us from You do not constitute a deposit and no interest shall accrue on such funds. We do not grant interest or any other benefits related to the length of time during which Your funds stay with Us.
6.4 You acknowledge and accept that Your 2cash Wallet account does not expire.
7.0 Fees and Charges
7.1 You agree to pay Us on demand, applicable fees and charges in respect of the provision of services by Us in accordance with the Fee Table listed in the 2cash Wallet and in this Agreement.
7.2 You agree to pay Us, on demand, in addition to the fees, any duty, VAT or other tax whatsoever arising in respect of any of the 2cash Wallet services. We are not required to give You prior notice of the imposition or variation in any duty, VAT or other tax arising in respect of any of the 2cash Wallet Services.
7.3 You agree that any Fees and other amounts due and payable to Us under this Agreement may be deducted from your 2cash Wallet account without notice, as and when they become due and payable or at such intervals as We may decide. Such deductions may be made at any time, and without us notifying you, but these will be reflected in the information on your 2cash Wallet account made available through Our Website. By entering into this Agreement, you irrevocably and unconditionally authorise Us to make these deductions, which authorisation is given as a mandate by way of security to Us, and We declare to have an interest therein.
8.0 Wallet Description
8.1 The 2cash Wallet is an online accounting system that contains units of value. This value is used for user debits and credits and is not considered a regulated monetary instrument. It can be opened or created only through our Websites.
8.2 You can use Your Wallet account with any other Wallet and/or Merchant that accepts 2cash Wallet transactions. Refer to Our Website for further details.
8.3 You agree and understand that You can submit only one application to Us in connection with the opening of an 2cash Wallet account in Your name individually. Individuals with business or other entities may create a business account with supporting documentation. If we find multiple accounts in your legal name it will slow down review and processing of your account verification and transactions. We reserve the right to suspend all related and suspicious accounts during Our investigation.
8.4 We reserve the right to decline Your application and/or immediately terminate Your 2cash Wallet account(s) in line with the reasons provided in Condition 18.14 below. We are not obliged to provide reasons for the declining of Your application.
8.5 The process for opening Your 2cash Wallet account is available on Our Website.
8.6 You accept and agree that Your 2cash eWallet is subject to this Agreement.
9.0 Wallet Account
9.1 A 2cash Wallet can be created from Our Website. You must successfully open Your account with verification approval to use the features of your 2cash Wallet.
9.2 In order for You to start using Your 2cash Wallet, You need to be registered on Our Website and Your account must be activated by verification approval by Us. We will only activate Your account when the relevant due diligence procedures have been carried out to Our satisfaction. We will notify you of the activation of Your account by email. In this respect You must ensure that all information recorded on Your 2cash Wallet account is truthful and up-to-date at all times in line with Condition 22.0. Any changes to Your contact details as explained in Condition 22.0 should be communicated immediately to Us. We shall not be held liable for any loss occasioned by Your failure to do so.
9.3 Following successful registration and verification, You will be able to make transactions with Your 2cash Wallet account. Depending on the method of funding, a fee or fees may apply, as would be detailed in the Fee Table listed in the 2cash Wallet and this Agreement in Appendix A. If you choose to make a deposit depending on the type of transaction it may take time to process based on exterior parties and circumstances of which your account will not be credited to your account until the funds are received by 2cash to its beneficiary account(s). It is Your responsibility to ensure that You fund the correct amount in the correct 2cash Wallet account.
9.4 You may reload (funding) Your 2cash Wallet account multiple times in any 24 hour period without a minimum or maximum value per transaction. We reserve the right to decline or suspend any reload. Depending on the type of funding transaction, reference should be made to the Fee Table listed in the 2cash Wallet and Appendix A of this Agreement.
9.5 Upon successful registration, You will be able to view the Transactions executed on Your 2cash Wallet account including the relative amounts and any charges applied on Your account through the online portal on Our website. You should check Your Transaction history regularly and report immediately any irregularities or enquiries You have to Us.
9.6 Subject to the provisions of Condition 15, in order to claim a refund for an unauthorised or incorrectly executed Transaction done by Us on Your 2cash Wallet account, You must notify Us immediately upon becoming aware of the unauthorised or incorrectly executed Transaction and in any event no later than thirty (30) days after the date of the Transaction.
9.7 You must keep the passwords of Your 2cash Wallet account safe, secure and secret at all times and You must not disclose it to any other person including friends, family or work colleagues. If you lose or forget your account login credentials it is your responsibility to reset your password(s) to gain access back into your account. We are not responsible to provide you access. In the event that We assist you to gain access into your account there may be a charge for this service.
9.8 Where You suspect that a third party knows the log-in details or password to Your 2cash Wallet account, or where such details have been lost, stolen, misappropriated, used without authorisation or have become compromised, You must change it on Our Website immediately. Where You become aware that the log-in details or password have been lost, stolen, misappropriated or there has been unauthorised use thereof or of Your 2cash Wallet account, You must notify Us immediately. Any delay in notifying Us may result in You bearing all the losses resulting therefrom as further explained in Condition 15.2.
9.9 When choosing or changing Your password You must not select a number or word that may be easily guessed, such as 123456 or a number that is easily associated with You (Your telephone number or birth date) or is identical to Your previous chosen password.
9.10 You must not use Your 2cash Wallet account for an unlawful or illegal purpose as further explained in Condition 13.0 of this Agreement.
10.0 Wallet Deposits
10.1 You can load / reload funds by visiting the Website, logging into Your 2cash Wallet account and following the relevant instructions. You may be presented with a number of direct loading / reloading methods, depending on the payment instruments used to load / reload Your account and which payment methods are available in Your country of residence. Loading / Reloading methods are payment services provided by third party financial institutions (for example, the issuer of the payment card You use to load / reload funds or third party direct banking service providers) and are not part of Our service. We do not guarantee the use of any particular loading / reloading method made available, and may make changes to or discontinue the acceptance of any particular loading / reloading method at any time without following the procedure set out in Condition 3.0. We shall not be responsible for the loading / reloading payment until the loaded / reloaded funds are received by Us.
10.2 You may be asked to answer security questions or to complete other password activities that We may reasonably require to ensure proper authorisation of a loaded / reloaded Transaction.
10.3 If You choose a loading / reloading method using a payment instrument that may be subject to a recall or chargeback rights such as (but not limited to) credit or debit card or direct debit, You declare that You will not exercise such chargeback right other than for a breach by Us of this Agreement which would result in You having a right to a refund of the loaded / reloaded amount. Otherwise, You may not charge back any loading / reloading Transaction or allow a chargeback of any such Transaction for reasons for which We are not responsible including (but not limited to) disputes with merchants for non-delivery of goods or services or insufficient balance on the payment instrument account. We reserve the right to charge You fees and expenses We incur in connection with such chargeback and any action undertaken to challenge the same. We may also charge You a chargeback fee per chargeback as detailed in the Fee Table included in this Agreement as Appendix A.
10.4 If a chargeback or reversal of a loading / reloading Transaction results in a negative balance in Your 2cash Wallet account, You will be required to repay such negative balance by reloading sufficient funds into Your 2cash Wallet account. Failure to do so is a breach of this Agreement. Repayment of the negative balance is due immediately without notice. During such period when the 2cash Wallet account has a negative balance and until You make the required repayment to Your account We reserve the right to suspend and/or block Your account and require repayment from You. We also reserve the right, at any time, to send You reminders or to take other debt collection measures including but not limited to mandating a debt collection agency or solicitors or to pursue the claim in court. We reserve the right to charge You the expenses We reasonably incur in connection with any debt collection or enforcement efforts.
10.5 For the purposes of a loading / reloading Transaction through a payment instrument, We are a payment recipient and not a payment service provider.
10.6 You must not load / reload Your 2cash Wallet account through a payment instrument if You are not the named holder of that payment instrument. We take any violation of this requirement very seriously and will treat any attempt to use a payment instrument of which You are not the named holder as a fraudulent act. Without prejudice to claiming further damages, if We are required to return funds loaded / reloaded from a payment instrument that is not in Your name, We may charge a fee per loaded / reloaded return as would be detailed in the Fee Table enclosed to this Agreement in Appendix A.
10.7 You should be aware that loadings / reloadings may be subject to loading / reloading limits due to security and legal requirements. These limits are set dynamically depending on Your verification status and the loading / reloading method You want to use. You should be aware that depending on Your verification status Your loading / reloading limits may be lower than Your withdrawal or spending limits.
10.8 The minimal amount required on the initial amount to be loaded into Your eWallet through bank transfer is USD$65 / HKD$500 / PHP3,000 or equivalent in other values. If you use card or cryptocurrency this minimum amount is not required.
10.9 Cash payments into Your 2cash Wallet account are available immediately and not later than one Business Day following clearing of funds.
10.10 You accept and agree that We may convert any foreign currency loaded / reloaded into Your eWallet or from a Transaction from Your 2cash Wallet account into USD at the current market rate of exchange applicable at the time of receipt of the funds by Us at Our beneficiary bank(s). You accept that such conversion shall be entirely at Your own cost and risk.
10.11 If a payment has been refused or declined on the basis of non-executed or defective Transaction, You should contact Us as stated in Condition 21 and Appendix B, and We may provide the reasons for the refusal/decline, depending on Our obligations in law, and the procedure for correcting any factual errors that led to such refusal/decline.
10.12 Any deposits to your account that are from accounts or sources not in the name that is registered to your account will be rejected.
11.0 Funds Transfer and Exchange
11.1 To share funds You are required to authorise the payment with Your login details and password. We may also ask You additional security questions relating to You or Your 2cash Wallet account. If Your account is protected by additional security measures such as secondary password or Personal Identification Number (PIN), You need to follow the instructions provided to You with such additional security measures. If Your 2cash Wallet account is enabled to make mass payments, the procedure to make such payments will be communicated to You in the relevant integration manual.
11.2 Every recipient of a payment You wish to send through Us must have a valid Unique Reference Number and be Our User subject to this Agreement.
11.3 You must take great care to properly monitor the exact Unique Reference Number to which You wish to send funds. Other information You provide along with the recipient’s Unique Reference Number may be disregarded and We shall not be liable for any error You make when entering the same.
11.4 The funds will be credited to the 2cash Wallet account associated with the receiver's account immediately upon transfer or soon after the transaction dependent upon the method of transaction used. Once funds are credited to the receiver’s 2cash Wallet account, the Transaction becomes irreversible.
11.5 Transactions may be subject to payment limits due to 2cash algorithm, security and legal requirements. You should ensure that Your limits are sufficient to cover the transaction You intend to make as well as any applicable fees including transaction fees and exchange conversion fees. You should be aware that the recipient of a transaction may also be subject to spending and withdrawal limits and that this will require the recipient’s access to the funds You intend to transfer.
11.6 To perform an exchange either fiat to fiat or fiat to crypto you are required to have the available balance in your account of the amount you are exchanging from.
11.7 The 2cash Wallet is an accounting system to perform the exchange on the current rates by data feeds from currency and crypto API. If the balance of funds has not been received by the appropriate accounts to execute any exchange, it will be performed once funds credit to the required account(s) to complete the exchange.
11.8 Any variance increase on the cost basis between the 2cash Wallet exchange value and final transaction with the supporting accounts will be completed on a cost averaging basis.
12.0 Receiving Funds
12.1 Upon receiving funds into Your 2cash Wallet account We shall display the transaction in Your Transaction history. You should endeavour to regularly check the Transaction history and reconcile incoming transactions with Your own records.
12.2 You should be aware that transactions received by You can be reversed. We reserve the right to reverse a transaction in cases where the deposit transaction has charged back or otherwise reversed (or is reasonably likely to chargeback or otherwise reverse) a loaded / reloaded or other payment which was used to make a transaction to You.
12.3 Depending on certain 2cash algorithms along with security features Your 2cash Wallet account will vary with withdrawal limits. In addition to ongoing account monitoring and increased volume specific withdrawal limits will be enforced as identified in Appendix C of this Agreement.
12.4 We interface and transact with multiple entities for withdrawal transactions. When You authorise a withdrawal and We process it on your behalf to any third party it is Your responsibility to claim the funds from the third party provider and have no recourse on Us for the said transaction. With cryptocurrency withdrawals, We advise you to withdraw a small amount to your crypto address to confirm you receive the transferred amount before withdrawing any significant amount of cryptocurrency.
12.5 Any withdrawals to an account that is not in the name that is registered to your account will be rejected.
13.0 Prohibited Transactions
13.1 It is strictly forbidden to use Your 2cash Wallet account for purposes including, but not limited to, fraud, money laundering, terrorist financing or other criminal activities specifically prohibited by any national legislation. We shall report any such activities to the relevant law enforcement agencies immediately upon becoming aware of such. You are prohibited from using Your 2cash Wallet account in an attempt to abuse, exploit or circumvent the usage restrictions imposed by a Merchant on the services provided.
13.2 It is strictly forbidden to make or receive payments from persons or entities engaged in fraud, money laundering, terrorist financing or other criminal activities specifically prohibited by national legislation. We may suspend or terminate Your 2cash Wallet account at any time or refuse to execute or reverse a Transaction if We believe that You directly or indirectly have used Your account in connection with such illegal activities.
13.3 You may not use Our services if You are residing in any of the High Risk and Non-Cooperative Jurisdictions as advised by the FATF from time to time. We may in Our sole discretion decide to terminate or restrict Our services to other countries at any time and without prior notice. We reserve the right to terminate Your 2cash Wallet account at any time if We reasonably believe to be so required by law or in order to comply with recommendations issued by a relevant government authority or recognised body for the prevention of financial crime.
13.4 You may not ‘front-load’ referral accounts who receive the promotion of the first month AC20 for the purpose of receiving the 20% referral direct bonus. If your referral balance reached the minimum exchange amount within the first 30 days of your referred accounts being activated and you process an exchange or transfer or withdrawal transaction We will monitor and determine what percentage of your referrals are eligible until such time that your referrals continue their AC20 subscription for a period of not less than 60 or 90 days at which time you will be eligible to receive the balance of your withdrawal transaction.
13.5 If You conduct or attempt to conduct any Transaction in violation of the prohibitions contained in Conditions 13.1 and 13.2 We reserve the right to:
13.5.1 reverse the Transaction; and/or 13.5.2 close or suspend Your 2cash Wallet account;
13.5.3 report the Transaction to the relevant law enforcement agency; and/or
13.5.4 claim damages from You; and
13.5.5 charge You a fee as would be detailed in the Appendix A Fee Table in case We apply any of the above.
13.6 It is Your and not Our responsibility to ensure that You only process transactions to or receive transactions from persons or entities for the sale or supply of goods and services that You may provide or receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through Us is not an indication of the legality of the supply or provision of their goods and services. If You are in doubt as to the legality of a supply or purchase, You should not continue with Your transaction.
14.0 User Transaction Authorisation
14.1 Transactions are regarded as authorised by You where You confirm the execution of a Transaction on Your 2cash Wallet account following whatever instructions are provided by the Merchant to authorise the Transaction.
14.2 Any Transaction shall be considered to be authorised only after You have given consent to execute the Transaction in line with Condition 14.1 above. Transactions completed by You may not be reversed.
14.3 Subject to Condition 11.4 once We receive Your transaction instruction, We will complete the transaction to the receiver authorised immediately.
14.4 You may be entitled to a refund in relation to a Transaction (together with any related charges) where:
14.4.1 Transaction was not authorised under this Agreement as further explained in Condition 14.1;
14.4.2 We have incorrectly executed a Transaction or;
14.4.3 Provided that You have notified Us immediately in line with Condition 9.6 of this Agreement.
14.5 We may decide, at Our sole discretion, not to provide authorisation for any Transaction and may decline to process any Transaction if You have not adhered to this Agreement.
14.6 If a Transaction is processed for an amount greater than the funds available in Your 2cash Wallet account We will reject the Transaction.
14.7 You agree that the outstanding balance and interest due will be a debt owed by You to Us. You also agree that We may set any amounts due against any funds that You hold with Us, independently of the 2cash Wallet account.
14.8 In line with statutory requirements, We will provide You with the following via the Online Portal through Our Website or our mobile apps:
14.8.1 Details of payment Transactions effected on Your 2cash Wallet account;
14.8.2 The amount of charges applied;
14.8.3 Date of execution of Transaction; and
14.8.4 The Balance on Your 2cash Wallet account.
14.9 In line with Our KYC policy, deposits and/or withdrawal accounts must match the 2cash wallet account name to be processed, or otherwise will be rejected.
15.0 Misuse and Liability for Unauthorised Transactions
15.1 If someone uses Your password(s) and accesses Your 2cash Wallet account, You may lose some or all of the balance values in Your 2cash Wallet account in just the same way as if someone takes and uses Your physical wallet. In the event of theft, fraud or any other risk of an unauthorised use of Your 2cash Wallet account, You must immediately inform Us as stated in Condition 21 and Appendix B or follow instructions provided on Our Website to hold/suspend the 2cash Wallet account. We will take all reasonable steps to stop any unauthorised use of Your 2cash Wallet account, which may mean that We will suspend or block Your account.
15.2 In case of an unauthorised transaction incorrectly executed due to an error by Us, We shall at Your request immediately refund the transaction amount including all fees deducted therefrom except in the following cases:
15.2.1 Where the unauthorised Transaction is due to Your failure to keep the personalised security features of Your 2cash Wallet account safe from the misappropriation of the eWallet, in which case You shall be liable for the losses incurred up to the day of notification;
15.2.2 If You fail to notify Us immediately upon gaining knowledge of any loss of password or other event likely to compromise the security of Your 2cash Wallet account, in which case You shall be liable for the losses incurred up to the day of notification to Us.
15.2.3 You understand that You will bear all the losses relating to unauthorised Transactions where You have acted fraudulently, or with intent, or gross negligence failed to fulfill Your obligations under this Agreement to use the eWallet in line thereof and/or to immediately notify Us upon becoming aware of the lost personalised features and/or misappropriation of the eWallet or of any unauthorised Transaction;
15.2.4 You shall bear all the losses resulting from an unauthorised Transaction or the misappropriation of the 2cash Wallet account where You fail to inform Us immediately of such event and after the expiration of 13 months from the day the 2cash Wallet account was debited with such Transaction, provided always We would have provided You with all information relevant to the Transaction as per Condition 14.8 shortly following the Transaction.
15.3 We will refund the amount of any disputed Transaction immediately, where reasonable investigations show that the Transaction has not been authorised by You provided that You have complied with the Agreement as per Condition 15.2 above. If We discover that any disputed Transaction was authorised by You or that You have failed to comply with this Agreement, including failing to follow any of the safeguards set out in herewith, We will not refund the disputed Transaction and may charge a fee in line with the Appendix A Fee Table.
15.4 You accept and agree that You will pay for all Transactions and applicable fees as set out on Our Website and also for any subsequent losses where the eWallet is misused by someone who has obtained Your permission and in doing so has acted fraudulently, with willful default or gross negligence as set out in Condition 15.2.3 above.
15.5 If We are aware of or suspect misuse or, wish to prevent misuse of Your 2cash Wallet account in any way then We may:
15.5.1 Refuse to approve a Transaction;
15.5.2 Immediately suspend Your 2cash Wallet account;
15.5.3 Inform You in writing of this prior to the suspension or immediately afterwards in cases where prior notification is not possible, unless We are prohibited from notifying You by applicable legislation. In light of the above, You accept and agree that We are not responsible, nor will incur liability for any loss or damage You may suffer as a result thereof.
16.0 Our Liability
16.1 We are not responsible for any loss that You may suffer in the event that We are not reasonably able to control, including but not limited to defects which stops or delays Us from complying with this Agreement.
16.2 We shall not be liable for any losses incurred by You arising from Our compliance with legal and regulatory requirements.
16.3 Our obligations under this Agreement relate to the provision of the eWallet and related payment services and We take no responsibility for any losses incurred relating to the quality, safety and legality of any goods or services for any Transactions.
16.4 We accept no responsibility or liability for a Merchant refusing to honour a Transaction on Your 2cash Wallet account or failing to cancel a transaction that you processed by mistake or came to regret after.
16.5 If You are affected by something which is Our direct fault, Our liability will only be limited to the financial loss You suffer as a direct result of such loss up to a maximum of the balance on Your 2cash Wallet account and shall not extend to any other losses You may suffer such as the loss of reputation.
16.6 Our exchange feature in the 2cash Wallet is integrated with foreign exchange, crypto market pricing and crypto trade accounts via API. If your funds are not credited to a trading account when an exchange is transacted 2cash will cost average the fluctuation of the crypto value between the exchange time/date and final clearing of funds to the trade account in order to settle the exchange.
16.7 From time to time Your ability to use Your 2cash Wallet account may be interrupted, especially when We carry out scheduled or unscheduled maintenance. If this occurs, You may be unable to use Your account to transact purchases; to fund Your account; to obtain information about the balance available in Your account and/or about Your Transactions. If You incur any problems when using Your account, check the Our Website for service updates or contact Us as stated in Condition 21 and Appendix B.
16.8 Where We have incorrectly deducted from Your 2cash Wallet account, We shall reimburse You with the equivalent amount/s following Our investigations and as soon as practically possible.
16.9 We will not be held liable for any fees charged by third parties, such as other banks, for use of their facilities or services, as well as for the assessment or payment of any taxes, duties or other charges that arise from the underlying commercial Transaction between You and another 2cash Wallet account holders.
16.10 You agree to defend, reimburse or compensate Us and hold Us harmless from any claim, demand, expenses or costs associated with any breach of this Agreement, or of any applicable law or regulation and /or use of the services provided by Us, by You or any person acting on Your behalf. This clause shall survive the termination of this Agreement.
17.0 Disputes with 2cash Business Accounts (Merchants)
17.1 If You have a dispute with a 2cash Business account (Merchant) about any purchases transacted using Your 2cash Wallet account then in the first instance You must attempt to resolve this directly with the Merchant.
17.2 If Your attempts to resolve the dispute with the Merchant fails, We may, at Our sole discretion, attempt to assist You with any qualifying dispute. In this respect emphasis should be placed on Our discretion to assist in such disputes and the fact that such assistance is not herein being guaranteed.
17.3 In cases where We decide to assist You with any dispute You might have with a Merchant, We reserve the right not to refund sums to You if We believe that You have not acted in accordance with this Agreement. You will not receive a refund until Our investigation is complete. If the disputed Transaction is refunded to Your 2cash Wallet account it may later be deducted if We receive information that proves that the Transaction was in fact genuine and correct.
17.4 If Our investigations discover that the disputed Transaction was genuine and authorised by You, We may charge You a fee as detailed in Our Appendix A Fee Table included in this Agreement.
18.0 Withdrawal of Funds, Cancellation and suspension of Your 2cash Wallet
18.1 This Agreement shall begin on the date on which You create Your 2cash Wallet account.
18.2 Where You have acquired the services via the Internet, You are entitled to a 14-day ‘cooling off’ period from the day from the acceptance of this Agreement. Should You wish to cancel Your 2cash Wallet account, please inform Us within 14 days of issue and a full refund of any fees paid to date will be made. You agree that You will not be entitled to a refund of any fees if You have used Your 2cash Wallet account during the 14-day cooling off period.
18.3 In order to process subscribed products, where Your 2cash Wallet account has a zero balance for 30 days, You are required to reload or fund the account within the following 14 days, in default of which We may proceed to close Your account without any notification.
18.4 You may cancel Your 2cash Wallet account at any time, by sending an email to Us with the contact information as identified Appendix B. You are obliged to provide Us with 14 Business Days notice. This will not entitle You to a refund of any Transactions You have made (authorised or pending) or charges incurred in respect of foreign currency Transactions and, where applicable, to a refund of any fees that We have charged before the cancellation and which are due to Us. You agree that the 14 Business Days period is required for the clearing of any applicable fees and Transactions.
18.5 Products ordered from 2cash are digital in nature that include subscription, enrollment, and other instant provisions with downloads and access that provide information, tokens or value that once received are not eligible for return or refund or exchange.
18.6 We do not guarantee the availability of any particular withdrawal method and may make changes to or discontinue a particular withdrawal method at any time without following the procedure set out in Condition 3.0 as long as there is at least one withdrawal method available to You. Where the withdrawal is received by You through the involvement of a payment service provider (e.g. the bank where You hold the beneficiary bank account), We shall not be responsible for the withdrawal transaction once the withdrawal transaction is processed by Us and sent to the associated Provider.
18.7 We reserve the right to carry out any necessary money laundering, terrorist financing, fraud and other illegal activity checks before authorising any withdrawal of Your funds, including in relation to returning any funds in Your 2cash Wallet account after termination of the same.
18.8 If Your withdrawal request exceeds the current limit, We may decline Your request and require You to send Us verification documentation attesting Your identity and address, or to otherwise cooperate with Us to identify Your identity, prior to allowing a withdrawal. Withdrawal limits can be reviewed in Appendix C included with this Agreement.
18.9 We have the full right and authority to monitor and determine what referral (2RI) balances may be exchanged or withdrawn based on the type of referrals with related promotions on new accounts.
18.10 For the purposes of a withdrawal Transaction We are a Payer and not a payment service provider.
18.11 In line with the applicable rules in terms of the Act, We will generally charge a fee for the following circumstances:
18.11.1 Where redemption, both part and in full of the value on the eWallet, is requested before the termination of this Agreement;
18.11.2 Where a termination date has been pre-set on the eWallet and You agree to terminate before the above date; and
18.11.3 Where a redemption is requested more than one year after the date of termination of this Agreement. In such situations, the total monetary value of the electronic money held on the eWallet shall be redeemed. In cases where We have carried out any activities other than the issuance of electronic money, the remaining proportion or part relating to electronic money shall be redeemed.
18.12 All redemption requests whether in part or in full shall be effected in US Dollars and via bank transfer to Your designated account. You agree that You shall be liable for any foreign exchange fees where such redemptions are made to an account which is in a currency other than the US Dollars, as well as to a fee which may be chargeable as per the Fee Table identified in Appendix A. Moreover, We shall not be held liable for any third party costs and fees incurred by You for receiving funds into Your bank account.
18.13 You can not make a withdrawal to a bank account or other payment instrument of which You are not the named holder. We reserve the right to approve or deny this transaction after our review of the receiving party and their relationship to you. Without prejudice to claiming further damages, if We are required to investigate a withdrawal to a payments service instrument that is not in Your name, We may charge You a fee and reserve the right to suspend your account for investigation.
18.14 You must ensure that the payment details provided are accurate and complete. We will not be held liable for withdrawn funds being sent to the incorrect payment instrument where this is due to You providing incomplete or incorrect payment details. If You have withdrawn funds to the wrong payment instrument, You may request Our assistance in reclaiming the funds in which case We may charge a fee as would be detailed in the Appendix A Fee Table included in this Agreement, and We shall not guarantee that the reclaim efforts will be successful.
18.15 We may immediately suspend Your 2cash Wallet account in the following circumstances:
18.15.1 If You have not complied with this Agreement;
18.15.2 If We have reason to believe that You have used, or intend to use, Your 2cash Wallet account in a grossly negligent manner or for a fraudulent or otherwise unlawful purpose, including money laundering, funding of terrorism and /or other criminal activity;
18.15.3 If you unreasonably request, demand or threaten 2cash in any way that might cause harm to its business, Directors, employees and affiliates. We reserve the right to file compensatory and punitive damages against You for any defamation or reputation damages to the 2cash brand.
18.16 Further to Condition 18.14, We will give You 30 days written notice. If We suspend Your 2cash Wallet account We will write to You to inform You of any action We have taken. We will then wait 15 days for any pending Transactions plus fees to be processed and paid before closing Your 2cash Wallet account and refunding any balance to You that can be processed through approved Transactions. Otherwise the balance will default to Us.
18.17 If Your 2cash Wallet account has not had any Transactions (excluding all and any fees and charges that may apply) for a period of at least 1 year, We reserve the right to close it. We will notify You of Our intentions before closing Your 2cash Wallet account.
18.18 Any funds remaining in Your 2cash Wallet account that can be processed through approved Transactions will be refunded to You as soon as the appropriate security checks have been satisfactorily completed.
18.19 If, following any redemption of funds, Transactions are found to have been made or charges or fees incurred using Your 2cash Wallet account exceeds Your Available Funds, We will notify You of such account discrepancies. All pending Transactions are to be set and/or settled upon demand.
19.0 Data Protection
19.1 By agreeing to this Agreement You give Your consent that Your personal data, whether sensitive or otherwise, which is disclosed to Us from time to time is recorded in a database and processed for the purposes of providing the services contemplated in this Agreement, direct marketing and/or any other purpose that may be necessary for the execution of Your instructions to Us from time to time. Should You not wish to have such personal data processed for direct marketing purposes at any point in the future, You are required to inform Us accordingly by email or in writing as stated in Condition 21.
19.2 Further to the above, You agree that We, at Our discretion, may record any telephone conversations between You and Us and that such recordings may be used as evidence of Your Instructions and/or for training purposes with the objective of improving the services.
19.3 You have the right to request details of the personal information that is held about You and You may receive this by writing to Us in line with Condition 21 and Appendix B. Where legally permitted, We may charge a fee or fees for this service.
20.0 Law and Jurisdiction
20.1 This Agreement is governed by the laws of Hong Kong. All disputes arising out of/or relating to this Agreement shall be resolved by the courts of Hong Kong, except where legislation requires a specific dispute to be resolved by the courts of another jurisdiction. All proceedings shall be in the English language.
21.0 Help Centre and Complaints Handling
21.1 Our administration and help teams are normally available from 1200pm to 2100pm Monday to Friday (Hong Kong Time). During these hours We will endeavour to resolve all enquiries immediately however please note that certain types of enquiries can only be resolved during normal business opening hours. The contact details are available in Appendix B of this Agreement.
21.2 Correspondence received after the opening hours as mentioned in Condition 21.1 shall be treated as having arrived on the following Business Day.
21.3 If You are unhappy with the service provided by Us, please contact Us and We will investigate the matter accordingly. We shall follow all complaints received in accordance with Our complaints procedure, which is available from Our Website.
22.0 Changes to Your Contact Details
22.1 In order to ensure that Your records are accurate, complete and up to date, You agree to notify Us within 14 days as stated in Condition 21 and Appendix B of any change to Your name, address and any other contact details such as email address or contact telephone number. We shall not be held liable for loss or damage suffered as a result where the above information is incomplete, inaccurate or outdated.
22.2 Your KYC documentation must match the contact details you have provided with your 2cash wallet account. We reserve the right to suspend your account based on the account contact information and related documentation.
22.3 We agree that We may communicate with You via email at all times. This includes notifying You about Your 2cash Wallet account, any details of offers and other product information relating to Your account, changes to this Agreement and Fees. Any email to You will be treated as being received by Yourself as soon as it has been sent by Us.
22.4 Only trust emails that include the domain @2cash.io as official correspondence from Us as related to your 2cash Wallet account or confidential information.
23.1 If any provision of this Agreement is deemed unenforceable or illegal, the remaining Conditions will continue in full force and effect.
23.2 No person other than You shall have any rights under this Agreement and Your 2cash Wallet account is personal to You and You may not assign any rights under this Agreement to any third party.
23.3 In the event of a death or mental incapacity of a 2cash wallet account owner, the account and assets may be transferred to the beneficiary should the proper documentation be provided and approved by Us.
Appendix A: Fee Table
> Bank Branch - Pre-approved banks only - contact firstname.lastname@example.org for details.
> Bank Transfer (wire or TT) - USD$20 to USD$45 receive fee.
> PayPal or debit / credit card - 5%
> Cryptocurrency - 2%
> GCash - 2%
> Bank Transfer (certain banks in Hong Kong, Philippines, USA only) - Pre-approved banks only - contact email@example.com for details.
> Bank Wire or TT - USD$45
> 2cash Debit card - None
> Remittance - 1% (None during current promo period)
> PayPal - Minimum USD$5, or 5% of withdrawal amount
> Cryptocurrency - 2%
> Currency Exchange - current Fx as supplied by www.currencyexchange.com
> Cryptocurrency Exchange - supplied by www.bravenewcoin.com
> Funds Transfer - 2%
> Withdrawals - 4%
> AC20 - monthly subscription USD$20 - No Transaction Fees*
* Includes up to USD$5,000 in monthly transactional volume. For volume over USD$5,000 an additional AC20 subscription will be debited from the user's 2cash Wallet account.
* For funds transfer of cryptocurrency to the crypto trade desk up to three transactions monthly are allowed. Additional transactions will include a USD$25 processing fee for each transaction.
Appendix B: Contact Details
> Main Site - https://www.2cash.io
> General & Admin - firstname.lastname@example.org
> User Guide - https://userguide.2cash.io
> Help Site - https://help.2cash.io
> Help Email - email@example.com
> Phone +852 8193 0995
> Address - Suite 78, 3F, Eton Tower, 8 Hysan Avenue, Causeway Bay, Hong Kong
Appendix C: Deposit & Withdrawal Limits (contact firstname.lastname@example.org for special considerations)
> Bank Wire or TT - Minimum USD$65 up to USD$50,000 per month (or equivalent amount)
> PayPal or debit / credit card - USD$3,000 per transaction / USD$5,000 per month
> Cryptocurrency - None
> Bank Transfer USD$10,000 per month
> Bank Wire or TT - USD$50,000 per month
> Remittance - PHP20,000 per transaction / PHP100,000 per month
> Debit Card - PHP20,000 or USD$500 per transaction / PHP100,000 or USD$2,000 per month
> Cryptocurrency - None (some limits may be placed on accounts based on security and previous transactional volume)