"CASHIN" for point-of-sale services and payment solutions.
The term “first party” refers to the website or application “CASHIN” which is a Saudi product specialized in providing electronic payment solutions services and sales points, which is affiliated to the Al-Naqd for Information Technology Company and holds CR No. (1010740102).
The term “Second Party” also refers to a merchant or beneficiary of CASHIN’s services who maintains with CASHIN an account designated for payment transactions and solutions.
As the first party is a provider of payment solutions and points of sale that serve merchants at all levels, and other services for managing cashier systems and management of sales and store operations, which enables subscribers to these services to activate solutions for receiving payments and managing sales.
And since the second party works in the field of trade and wishes to benefit from the services and solutions provided by the first party using modern technology means, therefore the two parties have agreed on the following:
First: Rule of the preamble:
The preamble is an integral part of this Agreement, complements it in all terms and conditions, and is read and interpreted with it.
Second: Term of the Agreement:
This agreement shall remain in effect for the duration of the subscription, and shall start from the date of its approval by both parties.
Third: services Fees:
The amounts owed by the second party are calculated in favor of the first party in return for providing the agreed services, which are attached and provided to the second party under an invoice by the first party, which is issued according to the subscription package chosen by the Second party.
The pricing stated reflects a discount that is applicable solely to the first invoice. CASHIN frequently provides promotions, coupons, and special offers to customers during their initial term. It is important to acknowledge that these special offers consist of time-limited promotional prices exclusively available to new customers, and they remain valid solely for the initial term and not for subsequent or renewal periods. The promotional rates are applicable to CASHIN services, and the plans will automatically renew after the initial term at the regular rate specified in your control panel on the platform.
Fourth: Technical malfunctions and modernization:
The first party may, at any time and during the validity of this agreement, stop the services provided by it for the period it deems appropriate and without prior notice. This is in the following cases:
1. In the event of updating data on electronic applications or their development work.
2. In the event of sudden technical malfunctions that require maintenance and repair to stop the services.
3. Suddenly stopping the work of electronic applications or one of them for any reason beyond the control of the first party.
4. If the first party believes or has reason to believe that there is an electronic fraud or an illegal operation.
5. The first party may from time to time add, change or remove some functions of the services or apply some technical improvements and modifications to them to meet the potential security threat, for example, but not limited to. And these changes may affect the process of the second party's use of the services. The first party may stop providing some or all of the services at any time, and none of these terms can be interpreted or considered as a guarantee of the continuity of the services or a guarantee that we will support and maintain these services or complete their provision.
6. The first party may, in certain cases and according to its own and absolute discretion, replace its devices with the second party, for example, but not limited to, in the event of a malfunction in the device or a change in the supplier of the devices. The first party will also replace it, if it is available to it, in what suits its capabilities and what it deems appropriate to serve the needs of the second party. In the event that the second party does not comply with this, the first party has the right to terminate the agreement and ask the second party to re-deliver the devices within a maximum period of 30 (thirty) days from the date of the notification.
Fifth: refund policy:
Since the first party provides an intangible electronic service that cannot be returned, it is not possible to refund all or part of the amounts paid when the second party purchases the package, activates the license and completes the payment process for the benefit of the first party, as once the payment process is completed this means that the second party benefits from the service provided by the first party. However, the first party receives requests for refund in some exceptional cases, which are subject to his personal discretion. Info@cashin.sa
Sixth: Delivery, installation, and maintenance of POS devices and equipment of the first party:
1. Unless otherwise agreed, the second party shall be provided with the service upon its request in one of the following ways:
A. Through reps representing the first party.
B. Through the sales agents approved by the first party.
C. Through shipping agent contracting with the first party.
3. Under this agreement, the second party authorizes the first party to contract and secure point-of-sale devices and the necessary equipment and to ensure that installing it at the locations of the second party or at the location agreed upon between the two parties, either by the first party or by another party appointed by the first party, as described in Clause (1) of this Article.
4. The second party shall bear the expenses of providing, equipping, installing, and maintaining point-of-sale devices, provided that the specified fees are paid directly upon subscribing to the package.
1. The second party is solely responsible for any damages, claims, costs, or compensation that the first party may suffer at any time as a result of any error or fraud committed by the second party or any of its representatives, employees, agents or contractors in connection with the operations carried out through the point of sale system as well, the second party bears - alone - full responsibility for any damage to the point of sale device or any part of it or any equipment, tools or extensions related to it due to the violation by the second party of the operating instructions or its negligence or any of its representatives, employees, agents or contractor.
2. The first party shall not be liable whatsoever for any direct or indirect damages or losses, or any claims, claims or costs, or expenses that the second party may incur as a result of using the services and systems related to the service provided, and for any action taken or not taken based on the materials or information provided by the second party.
Eighth: Obligations of the Second Party:
1. Not to sell, resell, dispose of or use the POS devices of the first party for any purposes other than those stipulated in this Agreement, and limiting its use only to direct commercial operations of the second party as described in this Agreement.
2. Ensure that the devices and means of point-of-sale service provided by or approved by the first party will be used only by the second Party.
3. Ensure that POS devices are used with accuracy, skill, and care and for the purpose for which they were placed.
4. Not providing any guarantee or bearing the first party any responsibility whatsoever in relation to the goods and/or services provided by the second party at all.
5. If the second party is a subscriber of the package that provides devices to its subscribers, then the second party is obligated to maintain the points of sale devices of the first party as the second party is not the owner of them, and is committed not to make any changes or modifications to them throughout the subscription period, and not to place or install any accessories, equipment or devices in them Unless otherwise agreed in writing with the first party. In the event of canceling the subscription or not renewing, the first party is obligated to return the devices to the first party in the same condition they were in before delivery.
6. The second party acknowledges not to:
A. Use the Services in an unlawful manner, for fraudulent purposes, or in a manner in violation of these Terms.
B. Infringement of the intellectual property rights of the first party or any other parties by using the services provided to the second party.
C. Transmit any defamation, slanderous or otherwise objectionable material using the services provided to the second party.
D. Use the Services in a manner that may harm the first party's systems or the security system, disrupt it, overburden it, impair its performance, make it vulnerable, or interfere with the use of other users.
E. Collect or obtain any information or data from the Services or systems or decipher any exchange operations to and from the servers responsible for the Services.
F. Disclosing or publishing information related to the first party's user content or using other users' information for marketing purposes before obtaining written consent from the first party.
G. Disclosing or publishing information related to the first party's user content or using other users' information for marketing purposes before obtaining written consent from the first party.
H. Logging in or registering users using “bots” or any other electronic fraud methods.
7. The second party is obligated to provide all clarifications and documents related to any transaction needed by the first party, the partner bank or the Saudi Central Bank.
8. The second party is obligated to use the product in connection with its commercial activities only, and in the event of a change in its commercial activity, the first party must be informed directly of the new type of activity.
9. The second party is solely responsible for updating its data and the method of communication with the first party, and the first party does not bear any responsibility to ensure the continuity of the service and carry out maintenance and update work for the system in the event that the second party does not update its data.
10. The second party is solely responsible for any loss of information or data related to the point of sale system as a result of using the service without an internet connection.
11. The second party agrees to receive communications from the first party, including via e-mail, text messages, calls, and push notifications.
The two parties are obligated to maintain the confidentiality of the information related to this agreement and the CASHIN systems service, even after the expiry or termination of this agreement.
The second party agrees that all correspondence, documents, terms, commissions and fees related to this agreement are confidential and may not be shared with any other party.
The first party agrees that will not share with the second party any data and information relevant to sales operations after the expiry of the subscription period, including but not limited to (operations reports, sales reports, and invoices)
Eleventh: Amending the Agreement:
The first party, at its own discretion, reserves the right to add, modify or delete any of these terms and conditions, and the second party is responsible for keeping abreast of developments in these terms and conditions, and accordingly, the second party will be considered agreeing to this agreement as amended in the event that Continuing to use the services provided and described in the preamble above after publishing any amendments thereto and notifying it by the first party through the application, the website, or one of the contact data of the second party registered with the first party.
Either party may terminate the agreement by submitting a notice to the other party for a period of (60) sixty days expressing its desire to terminate the agreement, and the notification shall have its effect after the lapse of this period, without prejudice to what was agreed upon in the fifth clause. The first party may terminate this agreement in the event that the second party does not comply with any of the points mentioned in the eighth clause.
The Arabic version shall be the adopted one of this Agreement and any translation to any other language is for convenience, and accordingly, may not be used to oppose the interpretation of this version.
Fourteenth: Applicable Law and Jurisdiction:
This agreement is subject to the applicable laws and regulations in the Kingdom of Saudi Arabia, and any dispute that arises between the parties under any condition of this agreement shall be resolved by an individual arbitrator appointed by the first party.
The second party is solely responsible for maintaining the physical protection of the device used, confidential information for accessing the device (including passwords) and data recorded on it.
Sixteenth: intellectual property:
The Services provided by us (CASHIN) contain materials protected by Kachin's copyright, intellectual property rights, trade secrets, and other confidential information. All rights to the Services are owned by CASHIN and its licensors. Accordingly, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material and intellectual property rights without the express written consent of CASHIN is strictly prohibited and exposes you to the legal liability.
If any provision of this Agreement is considered invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement.