Term & Conditions

Effective date: 01 September 2024

Overview

CashX is an online fintech company that offers fast and convenient financial solutions to the people of Sri Lanka through its website CashX.lk.

Use of our website and consuming its products and services tantamount to your compliance with these terms and conditions and in fact is final and conclusive evidence that you are agreeing to these terms and conditions and to the terms of our privacy policy.

These terms and conditions comprise a legal contract between you and CashX controlling the use of our website and its product and services in terms of the Electronic Transactions Act No. 19 of 2006 of Sri Lanka, in addition and not in derogation to the terms and conditions of any contract we enter into with you for products and services.

Modifications

From time to time, we may make modifications, changes, or additions to these terms and conditions, as CashX may deem fit. By continuing to use our website or services after such changes are posted, you indicate your acceptance of the revised terms. CashX may at its sole and exclusive discretion effect any amendment, revision or modification to this.

It is recommended that you regularly review this page for any updates. These sudden changes will be enforceable with the effect of the date (“Effective Date”) it is published or notified to the registered customers who use the web and / or consume products and services.

Eligibility for Financial Services

CashX provides financial services exclusively to Sri Lankan citizens who are 20 years of age or older. These services are prohibited to individuals residing outside of Sri Lanka, as our website is mandated to be accessed within Sri Lanka, or for persons obtaining these services in breach of this or the Privacy Policy or any Customer Agreement. These limitations are in accordance with the laws of Sri Lanka.

We may also require that you provide us with additional information regarding your identity and financial situation in order to determine whether or not we can offer you any of our services.

Registration: Responsibilities of Account Holders

Certain sections of the CashX.lk website is accessible only to registered account holders. To access these restricted areas, you will need to provide the username and password you created during registration. You understand that using a username and password serves as adequate security. You are solely responsible for:

(1) Authorizing, monitoring, and controlling access to your account,

(2) maintaining the strict confidentiality of your username and password,

(3) not sharing your username or password with others, and;

(4) promptly notifying CashX in writing if you need to deactivate your account due to security or other concerns.

Hereby, CashX is not liable for any harm resulting from the theft or disclosure of your username or password, or your authorization of others to use our website with your credentials. It is your responsibility to inform CashX immediately of any unauthorized use of your account or breach of confidentiality. Until we receive this notification and subsequently deactivates a username, you will be held liable for any damages resulting from the use of your account on the website and /or the use of our services.

Privacy and Data Protection

We collect information provided by you when creating or modifying your account, registering to use our site, making purchases, requesting information, contacting customer support, or engaging in other forms of communication with us, in compliance with the Personal Data Protection Act, No. 9 of 2022 of Sri Lanka.

This information may include your name, address, email address, phone number, bank account details, date of birth, national ID numbers, and financial information. Rest assured that we protect your personal information using industry-standard data security measures, and we do not share this information that may identify you with any third-party individuals or organizations without your express consent.

To understand how we collect, share, and protect your personal information, please refer to CashX’s Privacy Policy, which applies to the use of your data and is an integral part of these terms and conditions along with the Customer Agreement.

Consent to Contact

By submitting your contact information to us, you expressly consent to receive communications from CashX via telephone, email, postal mail, or in-person visits. This includes the use of your provided contact number for personal communication. We may contact you for loan applications and servicing purposes, including reminders for upcoming payments, collections, and other loan-related matters.

By providing your contact information, registering for an account, or applying for a service, you consent to be contacted by CashX through written notices, email messages, text messages, telephone calls, or visits by our field officers. Such communication may occur at any email address or mailing address we have on record for you, obtained from public or non-public databases we lawfully access.

Furthermore, you consent to the use of prerecorded messages or automatic dialing devices when we contact you at any telephone number associated with your account, including mobile numbers that may result in charges to you. In compliance with the terms, we may engage third-party service providers to contact you.

Should you decide to change or modify the method of communication at any given time, you may do so by notifying us or contacting us using our designated customer service contact hotline: +94 11 44 111 22

Ownership of Intellectual Property

The CashX website, its content, and all intellectual property associated with it (including copyrights, patents, trademarks, designs, logos, and service marks) are the property of CashX or third parties. The rights, title, and interest in these intellectual properties shall remain with CashX or the respective third-party owner. These materials are protected by copyright, trademark, and other intellectual property laws.

You are only authorized to use the materials on the site for personal, noncommercial purposes. Any other use or reproduction of any content is strictly prohibited without our prior written consent. The unauthorized copying, modifying, or distributing of copyrighted works is a violation of intellectual property laws and can result in severe civil and / or criminal consequences.

You may not copy, reproduce, modify, publish, display, distribute, or transmit any material from the CashX website for commercial purposes without our prior written consent. You also cannot use any of our logos or other proprietary graphics on your own website without first obtaining express written permission from us. Furthermore, you agree not to remove or alter any copyright, trademark, or other proprietary notice displayed on the site.

Electronic Signatures and Documents

By using CashX’s electronic services or engaging in any electronic transactions or agreements, you agree that selecting an item, button, or icon using a keypad, mouse, or similar device constitutes your signature, acceptance, and agreement as if physically signed, by virtue of the Electronics Transactions Act No 19 of 2006.

You acknowledge that no third-party certification or verification is necessary for the validity of your electronic signature, and the lack of such certification does not affect the enforceability of your signature or resulting contracts. Any electronically signed document will be considered “in writing” and “e-signed,” and when printed, it will be deemed an original document in the normal course of business and shall be considered final and conclusive.

Therefore, any lacking and absent third-party certification or verification of your electronic signature does not in any way invalidate, negate, or otherwise affect the legally binding nature and enforceability of the signed document or contract.

Advertising

By using the CashX website and accessing its content, you consent to receive advertisements from CashX. These advertisements may be sent through various channels, including but not limited to mobile calls, emails, and text messages, using the contact information you provided.

Likewise, we may use cookies or other similar technologies to track usage on our site and tailor advertisements to you.

We may also partner with third-party service providers who may place ads on our behalf. Such third-party advertising partners may target potential customers based on demographic, psychographic, interest, and behavioral information they collect from various sources.

Information Collection through Cookies and Similar Technologies

As said, CashX may use cookies or other similar technologies to collect information about your visit to our website. Such technology helps us understand user behavior, measure the performance of our site, improve navigation and content, and deliver tailored advertisements.

Cookies may be used as identifiers to track user data, such as pages visited and time spent on a page. Please refer to our Cookie Policy for additional information about the type of cookies we collect and how you can manage them. Additionally, we may use web beacons, pixels, and software development kits to track user behavior.

You have the right to disable cookies in your browser settings or mobile device settings. However, disabling them may prevent you from accessing some of our website’s features or services. We reserve the right to update our Cookie Policy at any time without prior notice.

Third-Party Links and Services

The CashX website may contain links to third-party websites. We do not control these sites and are not responsible for their content or practices. Such links are provided solely as a convenience to you and should not be interpreted as an endorsement or approval of the site or its content.

We encourage you to read the privacy policies of any linked sites before providing them with your personal information. Likewise, we do not provide any representation or warranty for third-party services or products advertised on our site. We shall not be held liable for any harm caused by the use of such services.

Limitation of Liability

CashX shall not be liable for any damages, losses, or expenses arising from the use of the website or any linked sites, including direct or indirect, special, incidental, or consequential damages. This includes damages resulting from performance failures, errors, interruptions, defects, delays, computer viruses, or system failures, even if CashX or its representatives have been advised of the possibility of such damages.

Your use of the website is at your own risk. We do not guarantee that our services will be uninterrupted or error-free. Furthermore, we shall not be liable for any damages caused by any third parties you may interact with while using the site.

Indemnification

You agree to defend, indemnify, and hold CashX and its affiliates, directors, officers, employees, agents, contractors, successors, or assigns harmless from any third-party claims, damages, and expenses arising from your breach of these terms, violation of applicable laws, your submissions, or your access to the website. CashX reserves the right to participate in the defense of any such claim or action at your expense.

Termination Terms

This agreement comes into effect when you use or register your account with CashX. Once approved as a borrower, this agreement remains valid and binding for the duration of any loan or until it is superseded by a new agreement. You may terminate this agreement by providing written notice if you have no outstanding loan commitments or contracts.

CashX reserves the right to terminate this agreement at any time if you breach these terms, website terms of use, terms of the Loan Agreement, the privacy policy, or regulatory requirements. Termination notice should be sent in writing to [email protected] . However, any rights or liabilities accrued prior to termination shall remain in effect.

Miscellaneous

All rights not expressly granted and heretofore reserved by CashX. These terms should be interpreted and enforced in accordance with the laws of Sri Lanka. All disputes arising from these Terms shall be resolved through arbitration and not before a court of law. Any changes to this agreement must be made in writing and agreed upon by both parties.

These Terms constitute the entire agreement between you and CashX concerning your use of the CashX website and supersede all prior or contemporaneous communications whether in writing or electronic form. If any provision of this agreement is found to be invalid, void, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect other provisions that can remain enforced.

We reserve the right to modify these terms at any time without prior notice. However, any changes shall be effective immediately upon posting the revised version on our website and/or sending a notification to your account email address or contact information. We encourage you to review these terms periodically for updates. Your continued use of the website shall constitute your agreement to be bound by such changes.

These terms, together with the privacy policy and the Loan Agreement, constitute the entire agreement between the parties and replace any prior written or oral agreements.

Governing Law

Use of this site shall be governed by all applicable laws of the Republic of Sri Lanka.

Email: [email protected]

Hotline: +94 11 7474 111

Registered Address : No 47 Alexandra Pl, Colombo 00700