ENDCASH LIMITED
GENERAL PRIVACY POLICY
GENERAL PRIVACY POLICY
Privacy Policy
When registering
for Endcash, we collect certain information to verify your identity, to enable
you to use Endcash and avail the Endcash services. You authorise Endcash to
collect and use your information in accordance with the application privacy
policy described here and that of the Bank as may be amended from time to time,
which is available at https://www.republictt.com/search/node/privacy%20policy
Use of Endcash Services
Use of Endcash Services
You understand
that except for information, products or services clearly indicated as being
supplied by Endcash, we do not operate, control, or endorse any information,
products or services on the Internet in anyway. You also understand that
Endcash and the Bank cannot and do not guarantee or warrant that files
available for download through Endcash will be free of viruses, worms or other
code that may be damaging. You are responsible for implementing procedures to
satisfy your requirements of internet security and for accuracy of data input
and output.
What Data We Use
When you open an Endcash account we
ask you to provide certain data that can be used to contact or identify you.
This includes your name, email address, mobile number, name and address of
business and business logo.
To provide certain features of the
Endcash application, the following content may be collected with your prior
permission
·
Information
regarding your location
·
Pictures, videos
and other information from your device's camera and photo library to upload to
your merchant profile and Newsfeed to enhance the Users engagement.
·
Camera – which is
used to scan the Merchant QR codes
If you choose not to provide the information needed to use a feature, you will be unable to use the
feature.
For example, you cannot share your live location for mobile
businesses if you do not permit us to collect
your location data from your device.
You can enable or disable access to
this information at any time through your device settings on both Android and
iOS devices. When you have disabled
access to this data, the stored data we held will be deleted.
The information
we also collect includes unique identifiers, i.e. wallet username, Endcash wallet
ID, device type and cellular number.
This data is used to send news or notifications about you or your app,
e.g. sending a push notification to inform users about an important security
update or sending you information about transactions you conducted via the app.
Data We Collect as You Use our Application
We also collect
crash reports, including system activity and the date and time. This data is
used to improve the performance of the app. We do not collect information about
the apps, browsers and devices you use.
Contacts:
We do not collect phone book/contact information.
We do not collect phone book/contact information.
Your Activity:
We collect
information about your activity in our app, which is used for:
·
Fraud prevention,
security and compliance with laws and regulatory authorities, e.g. monitoring
failed logins attempts to identify possible fraudulent activity.
·
Transactional
activity records
·
Communicating or
sharing content with people you choose
Financial Information
Your bank account
number is required only when you need to settle from your business wallet to
your business/company bank account. You
are free to delete this information after you have completed your settlement,
this information will no longer be stored on both your device and our database.
If you chose not
to delete the information after you have completed your settlement, the
information will remain on both your device and our database.
Your Location Information
We collect
information about your location when you use our app, which enables the
following:
·
If you are a
mobile business to share your live location which enables users to find and
connect with you.
·
Users can access
“Nearby Places” which displays the Endcash merchants in their vicinity
·
Allow the
merchant to search an address
·
Tag a location on
Newsfeed
If you choose not to provide the information needed to use a feature, you will be unable to use the
feature.
You can enable or disable access to your
location data at any time through your device settings on both Android and iOS
devices. Once you have disabled access
to your data, the stored data will be deleted.
How Your Data is Stored and Secured
We use this
information to provide features of Endcash and to improve and customize
Endcash. The information may be uploaded to our servers and/or a service
provider's server or it may be simply stored on your device.
Security:
We take various
steps and measures to protect the security of your Data from misuse, loss, unauthorised
access, modification or disclosure. We use the latest secure encryption and
access
control on our systems. Our safety and security processes are audited by
a third party cyber security audit agency from time to time.
control on our systems. Our safety and security processes are audited by
a third party cyber security audit agency from time to time.
We have provided multiple levels of security to safeguard our app by Login/Logout options. We also ensure that log in cannot be done on a different device simultaneously e.g. website access while you are logged into your mobile app.
Please do not share your Endcash login
credentials with anyone.
Sharing of Your Data
In our business and operational processes, we only share the data on a
partial and “need-to-know” basis to designated personnel.
However, we will share your data with compliance/
legal/statutory/regulatory agencies / authorities or partners/ service
providers acting on our behalf (as the case may be) in following cases:
·
It is directed or required by legal/regulatory / statutory / governmental
authorities under applicable laws/regulations though a legally obligated
request.
·
It is required by banks/financial institutions to verify, mitigate or
prevent fraud or to manage risk or recover funds in accordance with applicable
laws/regulations.
Retaining
your information
We retain the data we collect for
different periods of time depending on what it is, how we use it, and how you
configure your settings:
·
Some data you can
delete whenever you like, such as the content you create or upload. You can
also delete activity information saved in your account
·
We keep some data
until you delete your Endcash Account, such as information about when you use
our services.
·
And some data we
retain for longer periods of time when necessary for legitimate business or
legal purposes, such as security, fraud and abuse prevention, or financial
record-keeping.
·
When you delete
data, we follow a deletion process to make sure that your data is safely and
completely removed from our servers or retained only in anonymized form. We try
to ensure that our services protect information from accidental or malicious
deletion. Because of this, there may be delays between when you delete
something and when copies are deleted from our active and backup systems.
Prohibited Conduct
By accessing or using Endcash, you
also agree to these terms.
Termination; Agreement Violations
The Bank reserves the right, in its
sole discretion, without penalty, and without notice, to suspend or terminate
your account, your access to or your use of Endcash, in whole or in part, at
any time due to suspected fraudulent, abusive or illegal activity occurring on
your account. The Bank and Endcash will not be liable to you or any third
party for any such termination or interruption. Any suspected fraudulent,
abusive or illegal activity may be referred to appropriate law enforcement
authorities. These remedies are in addition to any other remedies Endcash or
the Bank may have at law or in equity.
LIMITATION OF LIABILITY AND DAMAGES
IN NO EVENT WILL
THE BANK OR ITS CONTRACTORS, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS,
EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY
DAMAGE, OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR
EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS BUSINESS OPPORTUNITIES, LOST REVENUES, LOSS OF OR DAMAGE TO DATA, BUSINESS
INTERRUPTION, OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, OR OTHER LOSSES OF
ANY KIND, ARISING OUT OF THESE TERMS OR IN ANY WAY RELATED TO YOUR USE OR
INABILITY TO USE ENDCASH. YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE LIMITATIONS
OR EXCLUSIONS WILL APPLY TO YOU SUBJECT TO APPLICABLE LAW. THIS PARAGRAPH SHALL
SURVIVE THE TERMINATION OF THIS AGREEMENT.
INDEMNIFICATION
YOU AGREE TO
INDEMNIFY, SAVE, AND HOLD THE BANK, ITS AFFILIATES, EMPLOYEES, OFFICERS,
DIRECTORS AND PARTNERS HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, AND
LIABILITIES, COSTS AND EXPENSES, INCLUDING WITHOUT LIMITATION LEGAL FEES AND
EXPENSES, ARISING OUT OF OR RELATED TO: (I) YOUR USE OR MISUSE OF ENDCASH; (II)
ANY VIOLATION BY YOU OF THIS AGREEMENT; OR (III) ANY BREACH OF THE
REPRESENTATIONS, WARRANTIES, AND COVENANTS MADE BY YOU HEREIN. THE BANK
RESERVES THE RIGHT, TO SEEK ALL REMEDIES AVAILABLE AT LAW AND IN EQUITY FOR
VIOLATIONS ON THIS AGREEMENT, AND YOU AGREE TO COOPERATE WITH THE BANK’S
DEFENCE IN SETTLEMENT OF THESE CLAIMS. THE BANK WILL USE REASONABLE EFFORTS TO
NOTIFY YOU OF ANY CLAIM, ACTION, OR PROCEEDING BROUGHT BY A THIRD PARTY THAT IS
SUBJECT TO THE FOREGOING INDEMNIFICATION UPON BECOMING AWARE OF IT. THIS
PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
REFUND POLICY
REFUND PURCHASES:
TRANSACTIONS BY
ENDCASH SHALL BE SUBJECT TO THE REFUND POLICIES EXISTING FROM TIME TO TIME BY
MERCHANTS ON THE ENDCASH PLATFORM.THE BANK TOGETHER WITH ENDCASH SHALL NOT BE
LIABLE TO YOU FOR ANY REFUND OR EXCHANGE. IN THE EVENT THAT A REFUND OR
EXCHANGE HAS BEEN AGREED BETWEEN THE CUSTOMER AND YOU, THE ENDCASH MERCHANT
WILL CREDIT ALL REFUNDS TO THE CUSTOMER’S MOBILE WALLET.
SETTLEMENTS
YOU ARE
RESPONSIBLE FOR THE BANK ACCOUNT NUMBER TO BE CREDITED WITH FUNDS FROM YOUR
MOBILE WALLET. THE BANK IS NOT RESPONSIBLE FOR ANY INSTANCE WHERE AN INCORRECT
BANK ACCOUNT NUMBER IS USED. HOWEVER, IF IN A TRANSACTION PERFORMED BY YOU ON
ENDCASH, MONEY HAS BEEN DEBITED FROM YOUR MOBILE WALLET AND THE FUNDS ARE NOT
DELIVERED WITHIN TWO BUSINESS DAYS OF THE COMPLETION OF THE TRANSACTION, YOU
MUST INFORM CUSTOMER SERVICE VIA THE ‘CONTACT US’ FEATURE ON THE ENDCASH
PLATFORM OR VIA EMAIL TO ENDCASHSUPPORT@RFHL.COM WITHIN
FORTY-EIGHT HOURS (48) OR 2 BUSINESS DAYS. PLEASE INCLUDE IN THE COMMUNICATION
THE FOLLOWING DETAILS – THE MOBILE NUMBER, BANK ACCOUNT INFORMATION, OPERATOR
NAME, CASHOUT VALUE, TRANSACTION DATE AND ORDER NUMBER.
Disclaimer; No Warranties
To the fullest
extent permissible pursuant to applicable law, the Bank and its third-party
partners disclaim all warranties or guarantees – whether statutory, express or
implied – including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, and non-infringement of proprietary rights.
We, on behalf of ourselves and our authorised representatives, do not warrant
against interference, delay, interruption or disruption with your use of Endcash.
We do not authorise anyone to make any warranty on our behalf and you should
not rely on any such statements, other than those expressly stated herein. The
Bank and its partners do not warrant that Endcash will be uninterrupted or
error-free or that defects in the site will be corrected. The Bank will not be
liable to you for any circumstances that interrupt, prevent or otherwise affect
the functioning of Endcash, such as unavailability of your wireless service,
communications, network delays, limitations on wireless coverage, system
outages, or interruption of a wireless connection. The Bank disclaims any
responsibility for any wireless service used to access or use Endcash.
The Bank is not responsible for your supported device or the software or hardware
it contains and makes no representations, warranties, or guarantees regarding
same. This paragraph shall survive termination of this Agreement.
Modification of this Agreement
THE BANK RESERVES
THE RIGHT TO REVISE THIS AGREEMENT OR ANY ENDCASH SERVICE AT ANY TIME BY
POSTING NOTIFICATION THROUGH ENDCASH OR OTHERWISE COMMUNICATING THE
NOTIFICATION TO YOU. THE CHANGES WILL BECOME EFFECTIVE, AND BE DEEMED ACCEPTED
BY YOU, THIRTY (30) DAYS AFTER THE INITIAL POSTING AND APPLICABLE THEREAFTER ON
A GOING-FORWARD BASIS AND WILL ALSO BE REFLECTED AS THE REVISED AGREEMENT BY
UPDATING THE DATE INDICATED AFTER “LAST MODIFIED” AT THE BEGINNING OF THESE
TERMS AND CONDITIONS. YOU WILL ALSO BE ABLE TO VIEW THE REVISED TERMS ON
ENDCASH. YOUR CONTINUED USE OF ENDCASH FOLLOWING THE POSTING OF CHANGES
WILL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO THE CHANGES. IF YOU DO NOT
AGREE WITH ANY SUCH CHANGE, YOU ARE REQUIRED TO IMMEDIATELY DISCONTINUE YOUR
USE OF ENDCASH.
Communication
As a condition to
activating and using Endcash, you consent to receive certain messages on your
supported device (i.e. SMS, push notifications) from us. You also agree to
receive notices and other communications from us by phone call or email to the
email address provided on registration, posting within your online account, or
through the messaging capabilities of Endcash. Any notice or communication to
Endcash or the Bank regarding the Endcash platform or service is required to be
performed by way of the ‘Contact Us’ feature on the Endcash platform via email
to endcashsupport@rfhl.com.
Waiver
The failure of Endcash or the Bank to
exercise or enforce any right or provision of this Agreement will not
constitute a waiver of such right or provision. Any waiver of any provision of
this Agreement will be effective only if in writing and signed by the
Bank.
Severability
If any provision
of this Agreement is determined to be invalid or unenforceable pursuant to any
applicable law, then that provision will be limited or eliminated from this
Agreement to the extent required by law, and the remaining provisions will
continue in effect. The terms of this section will survive termination of this
Agreement, together with any express term or provision which, by its nature
should survive.
Dispute Resolution
If any dispute or
difference whatsoever shall arise between the parties in connection with or
arising out of the Agreement, either party may give the other fourteen (14)
days’ notice to resolve the dispute or difference through Alternative Dispute
Resolution (ADR) in accordance with the mediation procedure of the Centre for
Dispute Resolution under the Trinidad and Tobago Chamber of Commerce. If
the parties fail to agree terms of settlement of their dispute or difference
after sixty (60) days of the receipt of such notice or the party to whom the
notice was given refuses to participate in the ADR the Agreement shall be
subject to Arbitration (if the parties agree) or to the jurisdiction of the
Courts of Trinidad and Tobago.
Governing Law
This Agreement
shall be governed and construed in accordance with the laws of the Republic of
Trinidad and Tobago and the parties agree to submit to the exclusive
jurisdiction of the courts of Trinidad and Tobago.
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