Updated September 18, 2020
CASHKUSH MONEY TRANSFER SERVICES (“SERVICES”) ARE PROVIDED BY CASHKUSH INC. ® (“eCOMMERCE FINANCIAL SERVICES”) AND ARE SUBJECT TO THESE TERMS AND CONDITIONS (“AGREEMENT”) AND APPLICABLE LAW. Additional information regarding the Services may be obtained at https://www.cashkush.ca/, or by asking your CASHKUSH INC. Agent (“Agent’). Service availability depends on certain transaction conditions including the Service selected (including the special terms applicable to each Service, as set forth below), amount sent, destination country, currency availability, regulatory issues, identification requirements and location hours (collectively, “Restrictions’). The designated recipient (“Receiver’) may generally receive funds sent by a CASHKUSH INC. consumer (“You’) at his bank account in the Destination Country. Under some circumstances, the Receiver may be able to elect a payout method that differs from the payout method You specify; You authorize CASHKUSH INC. to honor the Receiver’s election of payout method. Receivers who receive funds through a payout method other than bank account may incur additional fees to access funds. Certain countries and/or jurisdictions may impose a tax, fee and/or tariff on the Receiver’s receipt of, or access to, transferred funds. Transactions: (i) which exceed certain amounts; (ii) to certain destinations; (iii) that implicate certain regulatory issues; or (iv) sent through delayed options may take longer, be subject to dollar limits or be subject to additional Restrictions. Transactions may be reported to applicable authorities. In some destinations the Receiver may be required to provide identification, a test question answer or both to receive funds. With qualifying Services, Telephone Notification, Messenger Delivery and Supplemental Messages may be included for an additional fee, plus a 5% GST, 9.975% QST or 13% HST.
ADMINISTRATION CHARGE: Transactions not picked up or canceled by You within one year of the send date will be assessed a non-refundable administration charge of up to fifty cents (CAD) per month from the send date, not to exceed forty-two dollars (CAD), which will be deducted from the amount sent. All administration charges include 5% GST, 9.975% QST or 13% HST as applicable, depending on the province from where the money transfer originated.
REFUNDS: PRINCIPAL REFUNDS and cancellation of the money transfer will be made if payment has not been made when CASHKUSH INC. processes Your written request. If Receiver rejects Your funds or You request a refund, CASHKUSH INC. may charge You a fee to refund the principal amount back to You.
TRANSFER FEE REFUNDS may be made if funds are not available within the specified timeframe. Qualifying refunds will be made within 45 days of receipt of Your valid written request.
RESOLUTION OF DISPUTES: Except for transactions where otherwise prohibited by applicable law, unless You opt out as set forth below, any dispute arising from or relating to this transaction shall be resolved by final and binding arbitration. The arbitrator shall also decide what is subject to arbitration. The arbitration will be administered by National Arbitration and Mediation (“NAM’) under its Comprehensive Dispute Resolution Rules and Procedures, which are available at https://www.namadr.com/resources/rules-fees-forms/ or at 1-800-358-2550 and explain how to initiate arbitration. You will be responsible for up to $125 CAD of the administration fees. Any arbitration shall take place on an individual basis; class actions or arbitrations are not permitted. If any part of this paragraph is deemed invalid, it shall not invalidate the other parts. If NAM is unavailable, the parties or a court will select another arbitrator.
You may opt out of arbitration within 30 days after initiating a transaction by calling 1-800-787-2867. IF YOU DO NOT OPT OUT, YOU WILL WAIVE ANY RIGHT TO A TRIAL BY JURY OR JUDGE IN COURT AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.LIMITATIONS OF LIABILITY: To the fullest extent permitted by applicable law, except: (1) for transactions where otherwise prohibited by applicable law, in no event shall CASHKUSH INC. BE LIABLE FOR DAMAGES WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 (CAD) (in addition to refunding the transaction amount and the transfer fees), and (2) IN NO EVENT SHALL CASHKUSH INC. OR ITS AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR THE LIKE.
CURRENCY EXCHANGE, INTERNATIONAL SERVICES Payments will generally be in local currency (except that in certain countries payment may be in U.S. dollars or other alternate currency at participating locations). In addition to the Transfer Fees applicable to this transaction, a currency exchange rate will be applied to this transaction. Canadian currency is converted to foreign currency at an exchange rate set by CASHKUSH INC. Any difference between the rate given to You and the rate received by CASHKUSH INC. will be kept by CASHKUSH INC. (and its Agents in some cases) in addition to the Transfer Fees. Please ask the clerk for information concerning the currency exchange rate applicable to your transaction. You may also find out the current foreign exchange rate provided by CASHKUSH INC. to its customers by calling toll-free to 1-647-787-2867. The Transfer Fees and the money CASHKUSH INC. (or its Agents) makes when it changes your dollars into foreign currency may vary based upon the payout currency that you select. Some CASHKUSH INC. Agents may offer receivers the choice to receive funds in a currency different from the one you selected. In such instances, CASHKUSH INC. (or its Agents) may make additional money when it changes your funds into the currency selected by the Receiver. If you choose a payout currency different from the national currency of the country to which you are sending money, the payout currency you choose may not be available at all CASHKUSH INC. Agent locations in that country or may not be available in small enough denominations to pay all of your money transfer. In such cases, the paying Agent may pay all or part of your transfer in the national currency.
IDENTITY AND LOCATION VERIFICATION: YOU AUTHORIZE CASHKUSH INC. TO REQUEST YOUR MOBILE CARRIER TO USE YOUR MOBILE SUBSCRIBER DETAILS FOR VERIFYING YOUR IDENTITY. THOSE DETAILS MAY INCLUDE NAME, BILLING ADDRESS, EMAIL, AND PHONE NUMBER. THIS INFORMATION MAY ALSO INCLUDE LOCATION INFORMATION, IF AVAILABLE.
GENERAL: This Agreement, together with all items incorporated by reference, embodies the entire understanding among the parties. It supersedes all prior understandings and cannot be modified orally. CASHKUSH INC. has the right to assign this Agreement to any party, at any time without Your consent. This Agreement is governed by Ontario law without regard to conflicts of law rules; provided, however, if Your domicile or residence is in Quebec at the time of the transaction, the laws of Quebec shall govern. If an Agreement provision is found invalid, remaining provisions shall be valid. Services are directed solely to persons 18 and over (or 19 and over in any jurisdiction where 18 is not the age of majority). The English language version controls if there is an inconsistency between English and non-English Agreement versions. You and Receiver represent that your use of Services does not violate: (a) any law, including, without limit, laws relating to money laundering, illegal gambling activities, support for terrorist activities or fraud; and/or (b) this Agreement. Information provided to CASHKUSH INC. shall be truthful and complete. You shall indemnify CASHKUSH INC. and its Agents for all losses of any kind (including lawyers’ fees on a solicitor and client basis) arising out of any Agreement breach by You or Receiver. CASHKUSH INC. reserves the right to change Services without notice.
PRIVACY: CASHKUSH INC. and our Agents collect Personal Information about You and the Receiver from Your Service transactions and, where permitted or required by law, from other sources (“Personal Information”), as explained in the CASHKUSH INC. Privacy Statement (“Statement”). TO OBTAIN A COPY OF THE STATEMENT, ASK YOUR CASHKUSH INC. AGENT, CALL 1-647-787-2867 OR SEE https://www.cashkush.ca/. CASHKUSH INC. and our Agents collect and use Personal Information to: (i) authorize and process Service transactions, (ii) to manage our business, including the detection and prevention of fraud and other illegal activity, (iii) provide customer service and (iv) for other purposes set forth in the Statement. CASHKUSH INC. may disclose the Information to: (i) the Receiver, (ii) our Agents, (iii) if applicable, any Receiver bank and any intermediate banks or other financial institutions, as may be necessary to process and complete your Service transaction, (iv) law enforcement and other governmental authorities to prevent, detect and investigate fraud or other illegal activity, as permitted or required by law, and (v) as otherwise described in the Statement. With your consent, we may use and disclose your contact information to our affiliates and third parties to allow us, and them, to send you offers, promotions or information about additional products and services which may be of interest to you (for example, special offers or services from CASHKUSH INC., financial institutions and service companies, such as banks, credit card companies, insurance companies and brokerage houses; retailers, such as home furnishers, clothing stores and florists; catalogue companies; direct marketers; affiliated companies that offer financial services; and other non-affiliated companies with which CASHKUSH INC. has joint marketing agreements) (collectively, “Marketing Purposes”. YOU MAY WITHDRAW YOUR CONSENT (OPT OUT FROM) THE USE AND DISCLOSURE OF PERSONAL INFORMATION FOR MARKETING PURPOSES BY CALLING 1-647-787-2867
CONSUMER FRAUD ALERT: PROTECT YOURSELF. BE CAREFUL WHEN A STRANGER ASKS YOU TO SEND MONEY ESPECIALLY FOR INTERNET AUCTIONS, NEWSPAPER OR TELEPHONE OFFERS. CASHKUSH INC. does not guarantee delivery or suitability of goods or services paid for with Services. CASHKUSH INC. is not an escrow service provider. You and the Receiver agree not to use Services for escrow purposes.
For customer inquiries or comments, please write to:
CASHKUSH INC.
150 King St w, Suite 200
Toronto, ON, M5H 1J9, Canada
FOR CUSTOMER SERVICE, PLEASE CALL
1-647-787-2867
Special Terms for the Direct to Bank Service
DIRECT TO BANK SERVICE: The Direct to Bank Service (“Service”) allows You to credit the bank account of a designated recipient (“Receiver”). Direct to Bank Service availability also depends on certain transaction conditions including, bank participation, bank hours of operation and bank holidays, and bank rules concerning availability of funds (also, “Restrictions”). Services are available only to certain banks in certain countries. The funds may be transferred to intermediary banks or other financial institutions before reaching the destination bank (the bank to which You send funds), and those intermediary banks or other financial institutions are solely responsible for crediting the bank account You designate. Transfers will generally be credited at destination banks within 3 banking business days after the money is sent, subject to the Restrictions.
RELATIONSHIP BETWEEN CASHKUSH INC. AND BANKS: CASHKUSH INC. receives no compensation from destination or intermediary banks or other financial institutions for the Services. CASHKUSH INC. accepts no responsibility to nor to any account holder for any acts or omissions of the destination or intermediary banks, including the imposition of additional fees or charges. Neither CASHKUSH INC. nor its Agents endorse or recommend the services of any bank. Immediately CASHKUSH INC. at the address or telephone number listed above if the amount credited to the designated bank account is less than the amount to be paid designated on the transaction receipt.
TRACKING: Tracking of a Direct to Bank money transfer transaction once it has been sent by CASHKUSH INC. is generally not available through CASHKUSH INC. You, or the Receiver, may make an inquiry directly to the destination bank, which may charge a fee for this inquiry.
REFUNDS: PRINCIPAL REFUNDS and cancellation of a Direct to Bank money transfer will generally be made if the Receiver’s bank account has not been credited when CASHKUSH INC. processes Your written request for a refund. Principal refunds may be subject to additional fees imposed by the destination bank and/or currency exchange rates (if applicable) applied by the destination bank and/or CASHKUSH INC. PRINCIPAL REFUNDS MAY NOT BE AVAILABLE IF A BANK ACCOUNT OTHER THAN THE RECEIVER’S BANK ACCOUNT IS CREDITED DUE TO INCORRECT, INCOMPLETE OR ILLEGIBLE INFORMATION PROVIDED BY YOU. TRANSFER FEE REFUNDS are generally made if funds are not credited to the designated account within 3 banking business days, subject to Restrictions, and except to the extent caused by (i) conditions beyond the control of CASHKUSH INC. or its agents, such as telecommunications failure, or (ii) incorrect, incomplete or illegible information provided by You. Qualifying refunds will be made within 45 days of receipt of Your valid written request.
