Additional Cash Terms of Service
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Last updated: October 25, 2018
These Additional Cash Terms of Service (the “Cash Terms”) govern your use of the Cash App application, and the website at cash.me (the “Cash Site”), and the electronic money and payment services provided to you through the Cash Site and Cash App (the “Cash Service”).
The Cash Service is provided by Squareup Europe Limited, a company incorporated in England and Wales with company number 08957689, whose head office is at 250 Tottenham Court Road, London, W1T 7QZ (“Square Europe”).
Squareup International Limited, a company incorporated in Ireland with company number 583287 whose registered office is at Fumbally Square, Fumbally Lane, Dublin 8, Ireland (‘Square International’ and together with Square Europe, “Square” “we,” “our,” or “us”), provides all other services, including the SaaS Services (as defined in the Point-of-Sale, Saas, and Service Terms) (the “SaaS Terms”) related to the Cash Service.
By using the Cash Service, you agree to be bound by these Cash Terms, the SaaS Terms and the General Terms (collectively, the “Service Terms”), and acknowledge that they constitute a legally binding contract between us and you. Defined terms have the same meaning as those found in the General Terms, unless otherwise defined herein. To the extent there is any inconsistency between these Cash Terms and any other terms applicable to the Cash Service, these Cash Terms shall prevail. If you do not agree to all of these terms, you are not permitted to access or use the Cash Service, and you should not proceed further.
You should read these terms carefully. You can always see the most current version of the Service Terms on squareup.com/gb/legal. Please print or download a copy and keep it for future reference. If you want a paper copy, please contact Cash Support at https://cash.app/help.
I. Our status
Square Europe is an Electronic Money Institution authorised by the Financial Conduct Authority (the “FCA”) under the Electronic Money Regulations 2011 (firm reference number 900846) for the issue of electronic money and provision of payment services. Details of our authorisation are available on the public register https://register.fca.org.uk/.
II. Overview of the Cash Service
The Cash Service enables you to store funds in your Cash Balance and to transmit or receive payments with other Cash App customers. You can make payments from the funds you hold in your (i) Cash Balance (ii) your linked U.K. bank account (your “Bank Account”), or (iii) your linked U.K. debit card (“Debit Card” and each, an “Eligible Debit Account”). You can also receive payments into your your Eligible Debit Account.
You must be a resident of the United Kingdom and at least 18 years of age to use the Cash Service and you must register for an account (your “Cash Account”). You must only create a Cash Account with an email address or a mobile telephone number that you own.
IV. Cash Account
In order to use the Cash Service you must create an account by providing us with certain information (your “Cash Account Information”). You represent and warrant that any information you enter in your Cash Account is true and accurate. It is your responsibility to regularly check your Cash Account Information and to ensure that all of your Cash Account Information is up to date and accurate at all times.
We may request that you provide us with certain information, including but not limited to your name, email address, text-enabled mobile telephone number, street address, postcode, date of birth, and a government issued form of identification. You acknowledge and understand that, directly or through third parties, we may make any inquiries we consider necessary to validate and authenticate your identity and Cash Account Information. This may include asking you for further information and documentation about your usage of the Cash Service or identity, or requiring you to take steps to confirm ownership of your email address, mobile telephone number or Eligible Debit Account, and verifying your information against third party databases or through other sources.
The first time you access your Cash Account using a new device we may require you to authenticate your Cash Account with additional information. If your Cash Account cannot be verified you may be required to set up a new account.
You authorise Square International, in order to provide you with the Cash Service, including the SaaS Services, to view, monitor and analyse all activity in your Cash Account and to track, predict, report on and monitor fraud and other suspicious or financially risky activity. You further authorise Square International to investigate any potential fraud, suspicious or financially risky activity, as it may deem appropriate taking into account Applicable Law. Your authorisations permit Square International to: report to you on Square Europe transferring funds for the purpose of reversing transactions; assess the onboarding, transactional and related data in your Cash Account and request additional information and confirmations from you; assess your transaction history for root cause or systemic issues with a view to suggesting to you appropriate preventative measures for fraud and suspicious activity; and conduct investigations and resolve any pending disputes related to your use of the Cash Service.
Where Square International’s analysis of your Cash Account indicates that there is an undue likelihood of fraud, suspicious activity or financially risky behaviour occurring that can be eliminated, reduced or prevented by taking any action permitted hereunder (including but not limited to suspending or declining Payments), you further authorise Square International to recommend that Square Europe implement such action in order to mitigate such likelihood.
If you refuse to (a) cooperate in an investigation (b) provide confirmation of your identity or, (c) provide confirmation of any information you provide us, then we may close, or refuse to open, your Cash Account.
You may select a unique alpha-numeric name to identify yourself for the purposes of using the Cash Service (a “Cashtag”). Your Cashtag must accurately and truthfully represent your personal identity. You may not select a Cashtag that misleads or deceives others as to your identity or creates an undue risk of mistaken payments. We may require you to change your Cashtag or details of your profile in our sole discretion, and we may reclaim or make unavailable Cashtags without liability to you.
VI. Account Statements
All of your Cash Service transactions are recorded and can be accessed in your “Transaction History” portion of the Cash App or on the Cash Site. You agree that we will provide you with a monthly account statement through the Cash App and the Cash Site. You are able to download or print your monthly account statement to retain permanently and we advise that you do so. You should monitor your Transaction History on a regular basis and notify us of any transaction activity you do not recognize by contacting https://cash.app/help.
You should ensure your device and software is up to date to ensure that you can access your monthly account statements through Cash App or on the Cash Site.
We will provide communications to you (1) through the notification channel you choose in your Cash App profile, (2) by making them available in Cash App, or (3) on the Cash Site.
Depending on the information you provide us, and your settings at the “Notifications” sections of Cash App or on the Cash Site we may send you Cash Service related and promotional communications (if you have not opted out) via email, text (SMS) or via Cash App.
If you provide us with the email address, Cashtag or mobile number of any other person when initiating or requesting a payment through the Cash Service, we will contact that person via email address, text (SMS) message or via Cash App person to notify the other person of your request to make such payment.
Standard text messaging rates may apply based on your plan with your mobile phone carrier.
VIII. Cash Support
If you need to contact us or make any notifications to us in connection with the Cash Service or under these Cash Terms, you should contact Cash Support at https://cash.app/help.
IX. Security Credentials
Upon registration for a Cash Account, you have an option to go to your settings within the Cash App and enable touch ID and upon doing so you will be prompted to set a four (4) digit personal identification number “PIN”, and for devices that do not have touch ID functionality, only setting a PIN (each a “Security Credential”). Once you enable your Security Credential you will then be prompted to use a Security Credential each time you attempt to transfer funds.
In the event that you attempt to log in to your Cash Account from a new device, we will prompt you to enter your PIN to access your Cash Account from such new device.
You must take all reasonable steps to keep your Security Credentials, and any device on which the Cash App is installed, secure at all times and you must not share your Security Credentials or device with any third party. You should note that your obligations under this Section have a direct impact on Square Europe’s responsibility to reimburse you for unauthorised payment transactions in accordance with Section XIII(3) of these Cash Terms.
X. Compromised, or Threat of Compromised, Accounts
If you become aware of or suspect: (i) any loss, theft or compromise of your Security Credentials or any device paired to your Cash Account or (ii) any unauthorised use of your Security Credentials or Cash Account, you must notify Square Support immediately by contacting us at https://cash.app/help. You should note that your obligations under this Section have a direct impact on our responsibility to reimburse you for unauthorised payment transactions in accordance with Section XIII(3) of these Cash Terms.
If you notify us of a security concern regarding your Cash Account, or if Square has grounds to suspect a fraud or security threat to your Cash Account, we will contact you using the designated email or mobile number registered to your Cash Account. In such communication we will provide you with a link to our support center, which will require that you provide your Security Credentials for access, and through this secure connection we will provide you with further information about the suspected fraud or security threat to your Cash Account. You should contact us immediately if we contact you about suspected fraud or security threat as we may suspend your Cash Account until the issue is resolved. Please note, in communications with you, Cash Support staff may ask you security related questions in order to verify that you are the registered owner of the Cash Account. Cash Support staff will not however ask you to reveal remote access log-on information and you should keep this confidential and secure. Due to our legal obligations, we may need to verify certain facts before we are able to discuss a suspected fraud or security issue openly with you. We recommend that you keep access to your designated email or data sent to your mobile phone number personal to you and secure.
If you have informed us of a security breach in relation to, or if we otherwise suspect the fraudulent or unauthorised use of, your Cash Account, we may suspend further use of your Cash Account in accordance with this Section and we require you to change your Security Credentials.
We will inform you of any intention to suspend the use of your Cash Account, specifying the reasons for doing so, unless the provision of this information would compromise reasonable security measures or would otherwise be unlawful. Where it is not possible to notify you beforehand, we will do so immediately after suspending the use of your Cash Account. We will allow the use of your Cash Account as soon as practicable after the reason for stopping its use ceases to exist.
XI. Cash Balance
**1. Funding your Cash Balance
Payments you receive from other Cash App customers will be held in your Cash Balance. You can also transfer funds into your Cash Balance using your linked debit card or bank account.
**2. No Interest
You will not receive interest on or other monetary benefit related to the length of time during which we hold your funds in the Cash Balance. Your Cash Balance is not a deposit and you do not have any right to seek compensation under the UK’s Financial Services Compensation Scheme if you suffer any financial loss of the Cash Balance.
**3. Transferring Money from your Cash Balance to Your External Account
You may transfer funds from your Cash App to your Bank Account. You can choose to transfer funds using the standard transfer or the “Instant Deposit” (if Instant Deposit is available to you). With a standard transfer the deposit will be made available to you by the end of the next Business Day. For the purpose of these Cash Terms, “Business Day” means a day other than a Saturday, Sunday or a public holiday in England when banks in London are open for business.)
Instant Deposits will be transferred to your Bank Account within thirty (30) minutes. Instant Deposits are subject to the fee listed in the Cash App during the Instant Deposit experience. We reserve the right to delay transfers if we consider it necessary for security or anti-money laundering purposes or in order to comply with Applicable Law. We may request that you provide additional information to verify your identity before completing the transfer.
You may not transfer funds from your Cash App to your Bank Account to evade an investigation. If you attempt to transfer funds from your Cash Balance while we are conducting an investigation, we may hold your funds for up to 180 days to protect Square or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your account even after the account is closed.
**4. Making Payments Using Funds in Cash Balance
You can transfer funds to another Cash App customer in accordance with Section XII below. If you have insufficient funds in your Cash Balance to cover the entirety of the amount to be transferred we will pull the full transaction amount from your Bank Account or Debit Card.
Square may limit the payment methods that you can use to load your Cash Balance.
We may impose limitations on the amount you can hold in your Cash Balance and the maximum amount or frequency with which you load funds into your Cash Balance.
XII. Making Payments
You may transmit funds or receive funds using the Cash Service for personal, non-commercial purposes. If you attempt to transmit funds to an individual who does not have a Cash Account, we will contact that individual using the contact details provided by you and we will invite them to create a Cash Account as set out in Section XII(2) below.
2. Sending Money
Once you have registered for a Cash Account and (i) have funds available into your Cash Balance; or (ii) linked Bank Account or Debit Card, you will be able to initiate fund transfers. As a party initiating a transfer (“Sender”), you can transfer funds to your selected recipient (“Recipient”) by (i) logging into your Cash Account, (ii) designating the Recipient by entering their Cashtag, email or phone number, (iii) indicating the amount of money you want to send, and (iv) selecting the confirmation action (a “Payment Instruction”). Once you have confirmed the Payment Instruction, you authorise us to debit funds from your Eligible Debit Account and transfer them to the designated Recipient (a “Payment”). By submitting a Payment Instruction, you are also authorising us to move the funds back to your Eligible Debit Account for Payments that are cancelled or otherwise returned (a “Credit”).
You cannot revoke a Payment Instruction once it has been received by us. You understand and agree that when you initiate a Payment Instruction the funds will be deducted from your Cash Balance on the same day as we receive your Payment Instruction. However, the Recipient will only be able to receive the transferred funds once they have registered for a Cash Account. You hereby authorise and direct us to retain such funds until the earlier of: (i) such time as the Recipient has successfully registered for a Cash Account or (ii) fifteen (15) days. If the Recipient has not registered for a Cash Account you are permitted to cancel the order at any time, and if you do not and the Recipient has not registered for a Cash Account within fifteen (15) days, we will return the funds to you. If we are not able to return funds to your Eligible Debit Account, we may use other reasonable means to return the Payment to you, as permitted by Applicable Law.
You agree that we shall incur no liability if we are unable to complete any transaction because of: (i) insufficient funds in your Eligible Debit Account; (ii) malfunction of the Cash Service due to circumstances beyond our control or due to circumstances that you were already aware of at the time you initiated your Payment Instruction; (iii) an inaccurate or insufficient Payment Instruction; or (iv) failure of the Recipient to claim the Payment.
3. Requesting Cash
You may also initiate a request for funds to be transferred to you 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 Instruction and be processed as described in these Cash Terms.
4. Receiving Cash
You will receive payments made to you from other Cash customers into you Cash Balance. You can store the funds received into your Cash Balance to use for future payments or you can transfer the funds to your Bank Account in accordance with Section XI.1(c).
5. Invalid Payments
If you receive a Payment and we later determine in our sole discretion that the Payment was invalid for any reason and should be reversed, then you authorise us to deduct funds held in your Eligible Debit Account for an amount equal to the Payment.
6. Limitations on Use
You agree that you are independently responsible for complying with all Applicable Laws in all of your activities related to your use of the Cash Service, and for all communications you send through the Cash Service.
As an electronic money institution we are required to mitigate the risks that your Cash Account would be used for financial crime, money laundering or other unlawful purposes. As such, Square Europe reserves the right to block, refuse, or reverse any Payment Instruction made under these terms where it reasonably believes, including upon the recommendation of Square International, that it must do so: (i) to protect the security of your Cash Account, (ii) if there is suspected unauthorised or fraudulent use of your Cash Account, (iii) you are in breach of the Service Terms or (iv) the transaction is or is determined by Square Europe, in its sole discretion upon taking into consideration any relevant recommendations from Square International, likely to be unlawful. We will notify you promptly if we decide to do so, unless such notification would be unlawful.
Neither we nor third parties to whom we assign or delegate rights or responsibilities will be liable for any claims or damages resulting from Senders’ initiation of prohibited Payments. All costs for the following will be your sole responsibility and not ours, which we reserve the right to charge at actual pass-through costs: (a) where you have indicated the wrong unique identifier (i.e. where you have provided us with the wrong Cashtag), and Square must make reasonable efforts to recover the funds (b) in the event we refuse a Payment Instruction as reasonably justified as a matter of Applicable Law, and (c) in the event a customer revokes a payment order.
7. Limits on Payment Amounts
Additional identification information will be required to send more than two hundred and fifty pounds (£250) in any one transaction or in multiple transactions over any seven (7) day period or to receive more than five hundred pounds (£500) in any seven (7) day period. After we have verified your additional identification information, Senders may send up to one thousand five hundred pounds (£1,500) in any one transaction or in multiple transactions and Recipients may receive up to ten thousand pounds (£10,000) over any seven (7) day period. We may adjust these limits at any time in our reasonable discretion for the purpose of mitigating the risk of financial crime or fraud.
There are currently no fees for sending or receiving money using the Cash Service. If you choose to deposit funds to your Bank Account using Instant Deposit, you will be charged the fee that is shown to your prior to your confirmation of the transaction.
XIII. Liability For Unauthorised or Incorrectly Executed Payment Transactions
1. Duty to notify
We shall have no liability for unauthorized or incorrectly authorized payment transactions made from your Cash Account that have not been authorised by you or have been incorrectly executed unless you notify us:(a) without undue delay on becoming aware of the unauthorised or incorrectly executed payment transaction; and (b) in any event, no later than 13 months after the date of the payment transaction. Such notifications should be made to Cash Support at https://cash.app/help.
2. Our liability for unauthorised payment transactions
We will refund any unauthorized payment transactions made through your Cash Account provided you have notified us in accordance with Section XIII(1) above and save to the extent you are liable for any part of the payment transaction as set out in the Section XIII(3) below.
3. Your liability for unauthorised payment transactions
Unless you have acted fraudulently, you will have no liability for a payment transaction not authorised by you after you have made a notification under Section XIII(1) of these Cash Terms.
You will be liable for the first £35 of any unauthorised payment transaction if it arises from the loss or theft of your Security Credentials or the misappropriation of your Cash Account.
However, you will be liable for the entire amount of the unauthorised payment transaction if you have acted fraudulently or you have intentionally or with gross negligence failed to: (a) use your Cash Account in accordance with these Cash Terms, (b) notified us under Section XIII(1) of these Cash Terms of these terms; or (c) keep your Security Credentials safe.
4. Our liability for incorrectly executed payment transactions
We will refund any payment transactions made through your Cash Account that have not been correctly executed provided you have notified us of the incorrectly executed transaction in accordance with Section XIII(1). However, we will not be liable to you for an incorrectly executed payment transaction when:
(a) we can demonstrate that the recipient has received the transfer; or (b) the problem has arisen as a result of you providing us with the incorrect information.
In the event of (b) above, we will make reasonable efforts to recover your funds. And regardless of liability under this Section, on request from you, we will immediately and without charge, make efforts to trace any non-executed or incorrectly executed transaction, and notify you of the outcome.
XV. Term, Amendment and Termination of Service
The Cash Terms are effective from the point you agree to these Cash Terms. The Cash Terms are conducted for an indefinite period and will continue to apply until terminated by you or us in accordance with these Cash Terms.
We may amend the Cash Terms from time to time by providing you with two months’ notice of such changes before they come into effect. We will give you notice by providing you with a link to a copy of the revised Cash Terms in a form that you can save and print and will notify you of the proposed date of entry into force. You understand that you will be deemed to have accepted the changes to the Cash Terms unless you terminate your use of the Cash Service and the Cash Terms before they come into force. If you reject any changes, you have the right to terminate free of charge and with effect at any time until the date the changes would have applied.
You may close your Cash Account and terminate the Cash Terms at any point in time for any reason by selecting that option within your Cash Account.
We reserve the right to terminate the Cash Terms or cease to provide Cash Services to you either:
on two (2) months’ notice; or
with or without prior notice, if: (a) you no longer satisfy the eligibility criteria for the Cash Service; or (b) we have reason to believe you are using your Cash Account in connection with fraudulent or unlawful activities, money laundering or terrorist financing, or other criminal or illegal activity; (c) you have breached the Service Terms or any Applicable Law, or (d) we are required to do so by any competent court of law, government authority, public agency or law enforcement agency.
Any termination of the Cash Terms or cessation of Cash Services does not relieve you of obligations to pay Fees or costs accrued prior to the termination.
XVI. Complaints and Disputes
In the event of any dispute or problem with the Cash Service please contact Cash Support at https://cash.app/help in the first instance. In the event that your query is not satisfactorily resolved, you may lodge a complaint with us or request details about our complaint handling procedures by following the instructions on the Cash Site or contact support at https://cash.app/help.
The Financial Ombudsman Service is an independent body that helps settle complaints between customers and firms regulated by the FCA. If we are unable to resolve your complaint satisfactorily you may qualify to escalate your complaint to the Financial Ombudsman Service by post, addressing your complaint to the Financial Ombudsman Service, Exchange Tower, London E14 9SR, by email to firstname.lastname@example.org or by telephone on 0300 123 9 123 or 0800 023 4567. Financial Ombudsman Service’s website is http://www.financial-ombudsman.org.uk. Further information regarding the Financial Ombudsman Service and whether you qualify for this service is available on the Financial Ombudsman Service’s website or can be requested by contacting Square Support. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
These Cash Terms shall be governed by English law, except that if you live in Scotland or Northern Ireland, there may be certain mandatory Applicable Laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
Any claims arising out of or relating to the Cash Terms or the provision of the Cash Service that cannot be resolved by contacting Cash Support may be settled through the Financial Ombudsman Service. In the event that you are not eligible or do not elect to make a complaint to the Financial Ombudsman Service, you agree that any dispute between you and us regarding these Cash Terms or the Cash Service will only be dealt with by the English courts, except that if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
XVII. OTHER LEGAL TERMS
1. Intellectual Property Rights
We license, but do not sell, to you the Cash App. We remain the owner of Cash App at all times.
All intellectual property rights in the Cash Site and Cash App and in any content of the Cash Site and Cash App (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos), are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading Cash App or any content from the Cash Site or Cash App.
2. Referral Programs
From time to time, Square International may offer referral programs or incentives for inviting others to use the Cash Service (a “Referral Program”). Any bonuses or incentives under such Referral Program shall be subject to the then current Referral Program terms, if applicable, and otherwise at our sole discretion.
We may impose limitations on the value and frequency of payments that you can make using the Cash Service. We reserve the right to change the limitation at any time for security reasons or where we consider it necessary to comply with Applicable Law. We reserve the right to refuse any request to transfer funds if processing the transfer will exceed these limits. Each funding source will have different dispute resolution rights and procedures in the event your transaction turns out to be unsatisfactory. Your dispute resolution rights are determined by the funding source used to fund your transaction
As a Recipient, you may be asked to provide certain information used to assist us in complying with certain U.K. tax reporting / disclosure obligations, as may be required. Also, you are responsible for any taxes which may be applicable to your use of the Cash Service, and it is your responsibility to collect, report and pay the correct tax to the relevant tax authority.
These Cash Terms and all information we provide to you in connection with the Cash Service will be in English.
6. Cash App and Cash Site features and Content
You agree that access and use of the Cash Site and downloading, access and use of Cash App, since they are made available free of charge, are on an ‘as is’ and ‘as available’ basis and at your sole risk.
We reserve the right to change the format and features of Cash App and the Cash Site by updating the Cash Site and making the updated Cash App available for you to download and, where your device settings permit it, by automatic delivery of updates to Cash App. You are not obliged to download updated versions of Cash App, but we may cease to provide and update content to prior versions of Cash App and, depending on the nature of the update, in some circumstances you may not be able to continue using Cash App until you have downloaded the updated version.
Where we make content available through the Cash Site or Cash App, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and update content to the Cash Site and Cash App, with or without notice to you, if we need to do so for security, legal or any other reasons.
Except as set out in these terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of Cash App and the Cash Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of Cash App and the Cash Site.
6. General Provisions
These Cash Terms are between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these Cash Terms, or if we delay in taking steps against you in respect of your breaking these Cash Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
You may not transfer, assign or deal in any other manner with any or all of your rights and obligations under these Cash Terms without our prior written consent. We reserve the right to transfer, assign or novate these Cash Terms without your consent. This does not affect your right to close your Cash Account.