Loading…

Terms and Conditions for Merchants

By clicking on the "Terms and Conditions" checkbox and successfully completing the registration process for a Merchant Account, You are stating that You are Eligible to be a Merchant with Us and that You have read, understood and agreed to be bound by all of these Terms and Conditions of Service ("T&Cs"), which are not subject to negotiation.

1.   Definitions

"Merchant" means any of the establishments which accept payment through Cashbaba Wallet for sale of their goods and services

 

"Merchant Account" refers to the account created for a Merchant Applicant or Merchant as the case may be as soon as it successfully completes the process of registration via App at https://www.cashbaba.co

 

"Merchant Applicant", "You", "Your" or "Yourself" includes a Merchant wherever the context requires and refers to an Eligible entity which successfully completes the process of registration for a Merchant Account and is desirous of becoming a Merchant.

 

"Cashbaba Wallet" means a mobile based application used for electronic transaction.

 

“We” means Cashbaba.

 

"Services" means the facilitation by Cashbaba.

 

"Terms and Conditions of Service" or "T&Cs" refers to these terms and conditions which govern the rights and responsibilities of Cashbaba and Merchants vis-a-vis each other, which are available at  T&Cs for Merchants  and any future revisions of the same.

 

"User" refers to a registered holder of a Cashbaba Wallet.

2.   Interpretation

2.1                          Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.

2.2                          Headings and captions are used for convenience only and will not affect the interpretation of these T&Cs.

3.    Eligibility

3.1        You will not be "Eligible" to be a Merchant unless:

a.    You are an entity registered in Republic of Uganda;

b.    You do not provide any of the goods and services listed, which are banned under applicable laws and may be updated from time to time;

c.    You provide goods and services within Republic of Uganda;

d.    You receive payments only in BDT currency; and

e.    Your authorized representative has attained more than 18 (eighteen) years of age and is competent to enter into a contract.

3.2        You may apply or continue to be a Merchant only as long as you are Eligible. If you are not Eligible, please immediately abandon any and all attempts to register with Us.

3.3        We reserve the right to terminate your Merchant account at any time if we have reason to believe that your Merchant account is being used by any person who is not Eligible.

3.4        We rely completely on your representation that you are Eligible and will bear no responsibility if you or anyone who uses Your Account or Cashbaba Wallet is found to not be Eligible.

4.    Operational protocols for Merchant Applicants

4.1 Merchant Account activation

a.    To register for a Merchant Account, you must visit https://www.cashbaba.co  , where you will be required to provide "Registration Data":

b.   The Registration Data provided by you must be true to the best of your knowledge, information and belief. We will bear no liability for false or incorrect registration data provided by you. Please ensure that your registered e-mail ID and registered phone number are in working order in order to receive communication from us.

c.   You hereby expressly consent to receive communications from Us through Your Registered E-mail ID and/or Registered Phone Number.

 

4.2 By registering for a Merchant Account, You agree to the following:

 

a.    To receive communication, queries and documents from us;

b.    You agree to undertake due diligence and update yourself on Cashbaba Regulations and other applicable laws that may have implications on your liability as a Merchant;

c.    Upon execution of the contract, you will become a Merchant and will be entitled to Services subject to these T&Cs. Our Cashbaba customers will be entitled to purchase your goods and/or services using their Cashbaba wallet.

 

5. LIMIT

The daily and monthly transaction limits are as under:

 

Limits

Maximum balance at any point of time

Unlimited

Top up through any channel per transaction

Unlimited

Total reload in a month

Unlimited

Total transactions (merchant transactions and fund transfers

Unlimited

Fund transfer (Transfer to Account)

Unlimited

Cash out at ATM per transaction

BDT 10,000,000 (or per the bank policy)

6. Fees and charges

6.1       Charges will be applicable as follows-

Service Charges Applicable

Sl.

Description of Service Charge

Service Charge

1

Top up to wallet

Free

2

Receiving Payment Through QR Code

Free

3

Service charges on Bank transfer (Cash transferred to bank account)

BDT 2500 or 1%

4

Service charges on Online Payment

 

 

Through Wallet

Free

 

Through Bank/ Credit Card

BDT 2500 or 1%

5

Bill Payment

BDT 2500 or 1%

6

Withdraw

 1%

7

Through Bank

1%

8

Through Agent

1.25%

9

Credit Card Payment

1%

 

6.2        Any payments made to you by us will be governed by the following terms:

a. The net payments will be made available by us to you after making the following adjustments, deductions and any other deductions in terms of these T&Cs from the amount of the transaction:

-       the fees, charges, etc. due to us in terms of these terms and conditions as amended from time to time for all transactions processed;

-       the sum of all customer charges denied, refused, or charged back by the customer/partner banks ;

-       all costs, charges, expenses, etc. of whatsoever nature on account of, inquiries, disputes, cancellations and/or refunds processed on account of your's customer charges and/or chargeback; and

-       any tax applicable in any manner.

b.   We will reconcile the accounts and thereafter make payment to you, subject to our obligations to withhold payment of the amount arrived for any reason mandated under applicable laws, these T&Cs or terms of any agreements entered into between us and our users.

c.   We will be entitled to set off and/or deduct from any payment due to you, such payments that are subsequently determined to be not due and/or wrongly paid to you.

d.   You agree that subject to applicable laws, we are authorized and entitled to debit your account for service tax, other applicable taxes, refund (s) to customer/cardholder and any other amounts due and payable by you to us in terms of these T&Cs in any other manner whatsoever.

6.3        We will undertake reasonable efforts to make payments of your share of the customer charge to You within 7 (seven) Working Days from the date of transaction(s) carried on by the customer ("Payment Period"). We expressly reserve the right to extend the Payment Period to the extent deemed necessary by us.

6.4        Notwithstanding anything contained in these T&Cs, where We have reason to believe that any charges/debits have been fraudulently incurred ("Suspect Charge") We will be entitled to withhold payment in respect of any such charge/debit until it is held not to be a Suspect Charge. If after due inquiry and investigation by us, We determine that the charge/debit is a valid charge and not a Suspect Charge, we will release the withheld payment. Provided that if we determine after due inquiry and investigation that any Suspect Charge is not a valid charge at all, we will be entitled not to release the withheld payment so that it may be duly transferred back to the Cashbaba Wallet of the User in question.

6.5        We will communicate to you if any penalty interest is payable by you to us for the suspect charge or any other payments withheld under the provisions of these T&Cs.

6.6        We reserve the right to seek indemnities from you for losses suffered by us under any heads of claims permissible under applicable laws or for any reason, such as:

a. Any transaction is for any reason unlawful or unenforceable;

b. Any information presented electronically to us in respect of the transaction is not received in accordance with our requirements as specified from time to time;

c. Any transaction made outside the territory authorized for the use of such instrument;

d. Any transaction that is posted more than once to cardholder's account;

e. Any transaction that is doubtful or erroneously paid for, to you; or

f.   Where the transaction amount exceeds the limits prescribed by us for any legal or regulatory reasons.

6.7 We reserve the right to discontinue the service on any of these grounds and recover such amounts from you and to be indemnified in relation to any losses in connection thereto.

 

7.    Settlement, Refund and Chargeback

7.1        Merchant will request Cashbaba for a settlement of any transaction after the customers receives the product. Such request should be supported by the delivery slip. Settlement will take place after 7 days of receiving such request from merchant.

7.2        The official website of Cashbaba (https://www.cashbaba.co) will provide the Merchant with access to a feature titled as "Settlement" that will list all the transactions that were undertaken, attempted or completed by any User using Cashbaba Wallet vis-a'-vis the Merchant. The Merchant will not be entitled to make refunds or cancellations to any user through any method other than through the "Settlement", and if the Merchant deals directly with the user or attempts to make a refund in any manner other than through the "Settlement" in relation to these matters, it will constitute a breach of these T&Cs executed with the Merchant, entitling us to terminate the same.

7.3        If we receive a request from a user for chargeback of payment, we will forward the request to the Merchant. When the Merchant receives a forwarded request, the Merchant will determine whether a chargeback request must be processed. If it says the request must be processed, the Merchant will notify us of the same and we will transfer back the amount to the user's Cashbaba wallet (ecommerce).

7.4        If the Merchant receives a request from a user for chargeback of payment in relation to any transactions involving use of Cashbaba wallet, the Merchant will process the request and determine whether such chargeback must be processed. If it says the request must be processed, the Merchant will notify us of the same and we will transfer back the amount to the user's Cashbaba wallet (ecommerce).

7.5        Whenever a Refund is agreed to be made by the Merchant to a User, the Merchant will issue a credit slip to us within 7 days after the charge back has been agreed to be made by the Merchant to the user and we will:

a.    Debit the Merchant's bank account or e-wallet account at the earliest;

b.   Deduct the outstanding amount from subsequent credits to the Merchant's account; and/ or

c.   If there is no credit amount with us, or insufficient funds available therein, claim from the Merchant the amount credited to the account for the transaction in question, along with interest applicable as per standard bank rates in Republic of Uganda.

7.6        In the event of there being a shortfall in the account of the Merchant to provide for the amounts payable upon refund or chargeback, then the Merchant will make provisions at the earliest for the payable amount. If the Merchant fails to do so, it will be liable to pay interest at the rate then currently charged to Users in respect of their indebtedness from the due date until the date of payment (as well as after and before any demand made or judgment obtained).

7.7        We will not be liable to the Merchant or the user in connection with any matters pertaining to the validity of refund or cancellation requests, and will act in accordance with the directions of the Merchant subject to compliance.

8.   Right to use logos

The Merchant may be permitted to prominently display, on its official website and in other online marketing materials if applicable, a statement/logo/trademark/image provided by Cashbaba. This statement/logo/image may be prominently displayed to all Users as notified by Cashbaba from time to time. You acknowledge that Cashbaba is the sole and exclusive owner of its trademarks, service marks, logos and/or any other marks, and agree that you will not contest the ownership of the said marks for any reason whatsoever. The Merchant agrees that Cashbaba may at any time, immediately and without advance notice prohibit the Merchant from using any of the marks for any reason.

 

9.   Prohibition against offer of Banned Goods/Services

a.   If we have any reason to believe that a Merchant is offering any  Banned or illegal Goods/Services banned by the law of the land for sale to users, we reserve the right to terminate with immediate effect the Physical Contract, without providing any reason.

b.   We rely on your representation that you do not and will not offer Banned Goods/Services for sale. Therefore, we will bear no liability for the offer or sale of any Banned Goods/Services to any persons, including minors.

10.        Revision of T&Cs.

10.1    These T&Cs may be modified at any time and from time to time, discontinued temporarily or permanently ("Revised") by us.

10.2    Whenever the T&Cs are revised, we will send an automated e-mail to your registered e-mail ID or via App informing you of the changes made.

10.3     Please ensure that you read the revised T&Cs carefully because you will be bound by the revised T&Cs from the date that the automated e-mail is sent by us to your registered E-mail ID. We will not be liable if the automated e-mail is not received by you for any reason. Your continued use of the Service will be deemed to be an unconditional acceptance of the revised T&Cs.

11.   Notices and communication

a.        Any notice or notification in connection with these T&Cs with a Merchant will be communicated through the registered email of the merchant or via Merchant App  .

b.        All your communication with us will be of a professional nature only.

c.        You will be subject to Our  Terms of Use  and  Privacy Policy .

 

12.   Severability

a.        If any part of these T&Cs is determined to be invalid or unenforceable pursuant to applicable laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.

 

13. Responsibilities and obligations of the Wallet holder

13.1   The Wallet holder will be responsible for all transactions, including unauthorized/ erroneous/ wrong/ incorrect/mistaken/false transactions made through the use of his/her mobile phone, SIM card and PIN, regardless of whether such transactions are in fact entered into or authorized by him/ her. The Wallet holder will be responsible for the loss/damage, if any suffered in respect of all such transactions.

13.2   The Wallet holder shall take all possible steps to ensure that the Application, mobile phone and PIN are not shared with any unauthorized person and shall take immediate action to block the SIM as per procedure laid down in case of misuse/ theft/loss of the mobile phone or SIM card.

13.3    It will be the responsibility of the Wallet holder to notify Cashbaba immediately if he/ she suspect the misuse of the PIN. He will also immediately initiate the necessary steps to change / regenerate his PIN.

13.4   The Wallet holder shall be liable for all loss or breach of the Terms and Conditions contained herein or contributed or caused the loss by negligent actions or a failure to advise Cashbaba within a reasonable time about any unauthorized access in the Wallet.

13.5   The Wallet holder shall be liable and responsible for all legal compliance and adherence of all commercial terms and conditions in respect of the mobile connection/SIM card/mobile phone through which the product is availed and Cashbaba does not accept/ acknowledge any responsibility in this regard.