CiNKO Mobile App means the mobile application operated by CiNKO.
Mobile App Transaction means a transaction and/or Service offered by CiNKO performed by a CiNKO User through the CiNKO Mobile App.
CiNKO User means an individual or business entity that is a user of CiNKO products and services.
CiNKO refers to the digital payment platform that operates through both the CiNKO Mobile App and the CiNKO website. CiNKO is a brand of Pago Digital, a legal entity authorized and operating under various licenses issued by regulatory bodies across Latin America. Through these licenses, CiNKO provides digital payment services to its users in compliance with the relevant regulatory frameworks. By accepting these Terms, users are contracting with Pago Digital, operating under the CiNKO brand.
Electronic Money means a digital representation of fiat currency.
Stablecoin Transfer means the movement of stablecoins such as USDC.
Restricted Country means countries CiNKO does not operate.
Third Party means an individual, group or business entity that provides products or services directly to CiNKO or its customers on the behalf of CiNKO.
1.1 These Terms constitute a framework agreement which sets out the use of the CiNKO Mobile App, and other CiNKO Services as set out in Clause 4.1. Before you can use the CiNKO Mobile App and benefit from the CiNKO Services, users are required to:
1.1.1 read these Terms and tick the box confirming the accuracy of the information provided and your agreement with these Terms; and
1.1.2 provide CiNKO with such documentation, verification and information as may reasonably be requested to comply with any and all of CiNKO’s regulatory obligations.
1.2 You confirm that you have provided correct and up to date information during the process of registering and creating an account on the CiNKO Mobile App. You undertake that, if your details change, you will notify us immediately. You shall bear any losses that occur due to the submission of invalid, incorrect or inaccurate Information.
1.3 These Terms incorporate the Website Terms, the Cookie Policy, the Privacy Policy, the Website Acceptable Use Policy, the Mobile App Terms, the Referral Program Terms and any Supplements by this reference. By accepting these Terms, you are deemed to have accepted the terms and conditions of our third party service providers including but not limited to, the relevant CiNKO Account Holder Terms.
These Terms are between you (the “CiNKO User”, “you” or “your”) and CiNKO (“CiNKO”, “we”, “us” or “our”). CiNKO operates under the necessary Payments and Electronic licenses from regulators in Latin America and the Caribbean. These licenses may be registered in the name of CiNKO or its affiliates. For more information on the licenses held by CiNKO and/or its affiliates, please contact us.
3.1 These Terms shall commence on the day that CiNKO confirms to you via the CiNKO Mobile App that your CiNKO Account has been approved and activated and shall continue in effect until terminated in accordance with Clause 20 (Amendments to these Terms) and/or Clause 23 (Termination) of these Terms.
3.2 Your CiNKO Account is a user profile on the CiNKO Mobile App, where electronic money is stored. Electronic money represents monetary value issued to you and is reflected as a balance in your CiNKO Account after being exchanged for money received by CiNKO on your behalf. You can use the electronic money to conduct Mobile App transactions and access other services offered by CiNKO.
4.1 The CiNKO Mobile App is our portal where CiNKO Users can perform the following Mobile App Transactions an utilize the Services offered by Cinko, which include;
4.1.1. Create a CiNKO User account.
4.1.2. Verify your identity with us for the purposes of creating a CiNKO User Account.
4.1.3. Provide any additional documentation and information required to complete further or enhanced diligence requirements, where necessary.
4.1.4. Perform Account Loading via Send Funds, Credit Card Transfers and Bank Transfers, including recurring transfers.
4.1.5. Perform account loading through stablecoin transfer or via other partners in our ecosystem.
4.1.6. Perform Account Loading through the exchange of cryptocurrencies.
4.1.7. Perform Person to Person payments and Instant Transfers.
4.1.8. Purchase goods and/or services from participating merchants.
4.1.9. Perform Mobile Top-Ups to Mobile Operator accounts.
4.1.10. View the transaction history of your CiNKO User Account.
4.1.11. View the balance of the Electronic Money you hold in your CiNKO User Account.
4.1.12. Enable or disable your CiNKO User Account.
4.1.13. Change the security access PIN on your CiNKO User Account and access other security features.
(collectively referred to as “Mobile App Transactions” and/ or “Digital Wallet Services” and/or “Services”)
4.2 CiNKO may, on reasonable grounds and in its sole discretion, refuse to enter into or give effect to any Mobile App Transactions. In the event that a Mobile App Transaction is refused, we will provide details or the reasoning by way of notification through the CiNKO Mobile App.
4.3 All Mobile App Transactions are subject to CiNKO’s Transaction Limits (dealt with in Clause 12 below).
4.4 CiNKO provides virtual receipts for Mobile App Transactions, which are accessible to CiNKO Users through the CiNKO Mobile App. CiNKO will not and is under no obligation to provide you with a physical receipt or other written confirmation in connection with any Mobile App Transaction and/or Service facilitated by CiNKO.
5.1. You agree to cooperate with all requests made by us or any of our third-party service providers on our behalf in connection with your CiNKO User Account, to identify or authenticate your identity or validate your funding sources for Mobile App Transactions. This may include, but is not limited to, asking you for further information that will allow CiNKO to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verifying your personal information against third party databases or through other sources.
5.2. We reserve the right to close, suspend, or limit access to your CiNKO User Account and/or your ability to perform any Mobile App Transactions and/or Services in the event we are unable to obtain or verify such information, or you do not comply with our requests under 5.1 of these Terms.
5.3. We may confidentially verify the information you provide to us or obtain information on you ourselves or through third parties from secure databases. Some of the searches which we or a third party may perform, such as a credit check, may leave a soft footprint on your credit history. This will not affect your credit rating. By entering into these Terms, you confirm that you consent to us or a third party on our behalf carrying out such verifications.
5.4. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to ensure it remains accurate, current, and complete at all times. This includes, but is not limited to, the User’s contact information, identification details, and any other data required under applicable regulations.
5.5. The User acknowledges that failing to provide accurate and up-to-date information may result in restricted access, suspension, or termination of their CiNKO Account and/or Services. CiNKO reserves the right to request additional verification or updated information at any time to comply with legal, regulatory, or internal requirements. The User shall bear all risks and liabilities arising from any inaccurate, incomplete, or outdated information provided to CiNKO.
6.1 CiNKO Users are able to affect Person to Person Payments as well as Instant Transfers (collectively “Payments and/or Transfers”) using their Electronic Money though the CiNKO Mobile App.
6.2 You can request to affect Payments and Transfers by logging into your CiNKO User Account on the CiNKO Mobile App and following the on-screen instructions.
6.3 You will need to enter the Intended Recipient’s details requested on the CiNKO Mobile App (the ‘unique identifier’). It is your responsibility to make sure that the Intended Recipient’s unique identifier is entered correctly. Any error may result in the Payment and/or Transfer being unsuccessful or delayed. We shall not be liable for any losses you incur from entering an incorrect unique identifier.
6.4 If the Intended Recipient already has a CiNKO User Account, i.e is already a active CiNKO User, you will be informed on the CiNKO Mobile App, prior to confirming your request of:
6.4.1 the Intended Recipient’s name (as per their CiNKO User Account);
6.4.2 the amount and currency of Electronic Money you wish to send to the Intended Recipient.
6.5 In order to complete the submission of the request to enter into a Payment and/or Transfer, you will need to confirm the details which have been entered by selecting the button labeled “Send” on the relevant part of the CiNKO Mobile App. Once you have provided this confirmation (provided that the intended recipient is already a CiNKO User), CiNKO will have been deemed to have received your request to affect the Payment and/or Transfer.
6.6 If the Intended Recipient is not already a CiNKO User, then the request to enter into a Payment and/or Transfer shall be pending for 72 hours (excluding weekends and bank holidays). The request to enter into the Payment and/or Transfer will not be deemed as received until the Intended Recipient is verified and approved as a CiNKO User, within the 72 hours (excluding weekends and bank holidays in the applicable jurisdiction) that the Payment and/or Transfer is pending. The Intended Recipient will receive an SMS notification with instructions on how to open an CiNKO Account. You authorize CiNKO to send an SMS to the Intended Recipient on your behalf.
6.7 If the Intended Recipient does not, within 72 hours of the SMS notification being sent to them by CiNKO, register and sign-up to become a CiNKO User the pending request to enter into the Payment and/or Transfer will be terminated.
6.8 For clarification, if the Intended Party is not already a CiNKO User then:
6.8.1 the request to enter into the Payment and/or Transfer will be pending and will not be deemed to have been received by us until the non- CiNKO User has been verified as a CiNKO User;
6.8.2 the Payment and/or Transfer should be completed at the latest by the end of the Business Day following the day upon which the Intended Recipient becomes a CiNKO User, provided the Intended Recipient becomes a CiNKO User before the pending Payment and/or Transfer lapses.
6.9 Once your Payment and/or Transfer has been submitted and accepted, and the Payment and/or Transfer request has been affected by us, you will be able to view the details of the completed transaction on the service in the CiNKO Mobile App dealing with Transaction History.
6.10 If you are the Recipient of Electronic Money into your CiNKO User Account, we will send a notification to you through the CiNKO Mobile App and display the transaction details in your Transaction History on the CiNKO Mobile App.
7.1 Exchange Procedure
7.1.1 Users can initiate a cryptocurrency to fiat currency exchange through the CiNKO Mobile Application.
7.1.2 Every time a user initiates a cryptocurrency to fiat currency exchange through the CiNKO Mobile Application, a real-time market rate based exchange rate will be presented to them before they can elect to proceed.
7.1.3 When viewing their BTC (or other cryptocurrency) wallet address, users will see an estimated conversion rate displayed alongside the address. This rate will be referred to as the 'quoted rate'.
7.1.4 The quoted rate is determined based on real-time market rates. Given the rapid fluctuation of the market, there may be instances where the quoted exchange rate will vary slightly from the amount actually credited into the User’s CiNKO Mobile Account.
7.1.5 Users can choose to proceed with the exchange based on the quoted rate by selecting the appropriate option in the app.
7.1.6 Once the user confirms the exchange, the cryptocurrency amount will be deducted from their wallet, and the equivalent fiat currency amount, based on the real-time market rate at the time of the transaction, will be credited to their CiNKO Mobile Account.
7.2 Exchange Limits
7.2.1 While there is no pre-set specific limit on the amount of cryptocurrency that can be exchanged per transaction, Users will be bound by the standard account limits that apply to their respective CiNKO Mobile Account and the steps of verification that they have completed.
7.2.2 Specific limits will be displayed within the CiNKO Mobile App where applicable.
7.3 Settlement Times
7.3.1 The fiat currency equivalent of the exchanged cryptocurrency will be credited to the user's CiNKO Mobile Account within a typical time frame of 24-48 hours.
7.3.2 Delays may occur due to user verification limits being breached, network congestion, local bank transactions being unavailable, or extended local bank processing times. These circumstances are out of CiNKO’s control, and CiNKO will accept no liability for any shortfall that the User may experience as a result of changes to the quoted price.
7.3.3 Where delays occur, CiNKO will not be liable for variations or fluctuations in the exchange rate that is applied at the exact time the transaction is processed. Even though a ‘quoted price’ is provided by CiNKO in the CiNKO Mobile Application at the time of the User requesting this transaction, the ‘quoted price’ may still fluctuate slightly as a result of changing real-time market rates.
7.3.4 CiNKO will, however, at all times try to process the transaction request as soon as possible.
7.4 Compliance and Reporting
7.4.1 All exchanges of cryptocurrency into fiat currency will be subject to applicable laws and regulations.
7.4.2 Users must comply with all KYC (Know Your Customer) and AML (Anti-Money Laundering) requirements as stipulated by CiNKO and relevant authorities.
7.4.3 Users are encouraged to familiarize themselves with CiNKO account limits, KYC, and AML policies.
7.5 Reversals and Cancellations
7.5.1 Once a cryptocurrency to fiat currency exchange has been initiated, it cannot be reversed or cancelled.
7.5.2 Users are advised to review all details carefully before confirming the transaction.
7.6 Notifications
7.6.1 Users will be able to track their transactions in the CiNKO Mobile Application.
7.6.2 Users will receive a confirmation once the fiat currency is credited to their account in the CiNKO Mobile Application.
7.7 Liability
7.7.1 CiNKO is not liable for any losses incurred due to fluctuations in exchange rates or delays in the processing of exchanges.
7.7.2 Users agree to bear all risks associated with the exchange of cryptocurrency into fiat currency.
8.1 You can use your CiNKO Account to purchase goods and/or services from participating merchants, either online or at a point of sale terminal. In such an event we will redeem Electronic Money in your CiNKO User Account and the merchant will be sent, less any fees from CiNKO (acting as Electronic Money Issuer), the equivalent amount of money. You will need to follow the specific instructions on the relevant website or point of sale machine to perform such Services.
9.1 You acknowledge that CiNKO Account Balances and available funds displayed on the CiNKO Mobile App are only approximate real time balances rather than the settled balances in your CiNKO User Account. A real time balance may not take into account pending debits and credits. CiNKO will provide you with information on pending debits and credits as soon as it has that information.
9.2 You undertake to maintain a positive balance of Electronic Money stored in your CiNKO User Account at all times. If for any reason (including, but not limited to, any technical errors on our behalf or on behalf of our third-party providers) you have a negative balance in respect of the Electronic Money stored in your CiNKO User Account, you agree to immediately load the required amount to correct the negative balance, such amounts being due without the need for previous notification. If you fail to do so we may:
9.2.1 initiate a chargeback procedure for any specific transaction which resulted in your CiNKO User Account having a negative balance.
9.2.2 take debt collection measures including but not limited to mandating a debt collection agency or solicitors or to pursue the claim in court. We reserve the right to charge you the expenses we reasonably incur in connection with any debt collection or enforcement efforts;
9.2.3 request that you complete a send funds in order to correct a negative balance. If you fail to do so within 7 Business Days, you authorise us to initiate a payment transaction for the amount of the negative balance (or the equivalent in another currency) from one of your Credit Cards or User Bank Accounts.
10.1 It is your responsibility to take all reasonable steps to:
10.1.1 ensure that your personal mobile and Mobile PIN is kept safe and secure.
10.1.2 ensure that access to the CiNKO Mobile App on your personal mobile is kept safe and secure.
10.1.3 ensure your CiNKO User Account PIN is kept safe and secure; and
10.1.4 ensure (if issued) your NFC payment tag is safe and in your possession.
10.2 The requirement in Clause 10.1 includes, but is not limited to, for the avoidance of doubt:
10.2.1 closing the CiNKO Mobile App when not in use;
10.2.2 keeping the Mobile you use to gain access to the Mobile App safe and secure and locked with a secure password or other security mechanism;
10.2.3 not writing down or telling anyone your Mobile PIN;
10.2.4 changing your Mobile PIN regularly;
10.2.5 if you receive any SMSs or emails, questionnaires, surveys, or other links that require you to provide your Mobile PIN, not providing your information and contacting our customer services team via email;
10.2.6 ensuring that the Mobile and e-mail account(s) you use to communicate with us are secure and only accessed by you, as the Mobile and e-mail address may be used to reset your Mobile PIN or to send information relating to the security of the Mobile App;
10.2.7 if at any time you think that your Mobile PIN has been lost, stolen or any other person knows your Mobile PIN or anyone has access to your e-mail account or the Mobile you use to communicate with us, informing customer services immediately via email.
10.3 All of CiNKO’s Mobile App Transactions are processed by automated methods, and anyone who obtains access credentials to the CiNKO Mobile could use it to enter into Mobile App Transactions without your permission. If you notice misuse, theft or unauthorised use of your CiNKO Mobile App, Mobile PIN or any other activity that makes you suspicious, you must contact the customer services team and, if possible, enable the appropriate security features such as biometrics and 2FA authentication on the CiNKO Mobile App. If you suspect identity theft or theft of Electronic Money, we suggest that you contact your local police as well.
11.1 It is not permitted to:
11.1.1 use the CiNKO Services for any illegal purposes, including, but not limited to fraud and money laundering, unlawful sexually oriented materials or services, counterfeit products, unlawful gambling activities, the funding of terrorist organizations, the unlawful purchase or sale of tobacco, firearms, prescription drugs, other controlled substances or other products prohibited by law. CiNKO will report any suspicious activity and cooperate with any relevant law enforcement agency or regulator;
11.1.2 use the CiNKO Services to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides, or to obtain goods or services without paying the amount due partially or in full;
11.1.3 breach these Terms, the CiNKO Account Holder Terms (as applicable) or any other agreement or policy that you have agreed with CiNKO or with CiNKO (acting as Card Issuer);
11.1.4 to create, or attempt to create, more than one CiNKO User Account using the same or similar credentials, including but not limited to, name, contact information, identification documents, or other identifying details, without prior written approval from CiNKO.
11.1.5 use the CiNKO Services to violate any law, statute, ordinance, or regulation;
11.1.6 use the CiNKO Services for any illegal purposes including the purchase or sale, or the facilitation of the purchase or sale, of illegal goods or services;
11.1.7 infringe CiNKO’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
11.1.8 act in a manner that is defamatory, libelous, threatening or harassing when using the CiNKO Services;
11.1.9 provide us with false, inaccurate or misleading information;
11.1.10 use the CiNKO Services to engage in debt-collection activities;
11.1.11 instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf;
11.1.12 attempt to intentionally or knowingly receive or attempt to receive funds from both CiNKO and a merchant for the same CiNKO Transaction;
11.1.13 control a CiNKO User Account that is linked to another CiNKO User Account that has engaged in any of these Restricted Activities;
11.1.14 conduct your business or use the CiNKO Services in a manner that is likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other liability to CiNKO, other Users, third parties or you;
11.1.15 use your CiNKO User Account or the CiNKO Services in a manner that CiNKO (acting as Account Issuer), Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the CiNKO system or a violation of card association or network rules;
11.1.16 allow your CiNKO User Account to have a negative balance;
11.1.17 provide yourself with a cash advance from your credit card (or help others to do so);
11.1.18 take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; or interfere or attempt to interfere with the CiNKO Services;
11.1.19 take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
11.1.20 circumvent any CiNKO policy or determinations about your CiNKO User Account including, but not limited to, attempting to create a new or additional CiNKO User Account when a CiNKO User Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional CiNKO User Account using Information that is not your own (e.g. name, address, email address, etc.); or using someone else’s CiNKO User Account;
11.1.21 harass our employees, agents, or other CiNKO Users;
11.1.22 refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
11.1.23 use the CiNKO Services in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, or applicable law;
11.1.24 refuse or fail to provide further information about you or your business activities that we may reasonably request;
11.1.25 conduct your business or use the CiNKO Services in a manner that leads us to receive a disproportionate number of claims or chargebacks;
11.1.26 reveal your Mobile PIN or Card PIN to anyone or use anyone else’s Mobile App or CiNKO Card;
11.2 You must ensure that you only enter into CiNKO Mobile App Transactions relating to the sale or supply of goods and services in compliance with all applicable laws and regulations. The fact that a person or entity accepts payments via a CiNKO Mobile App Transaction is not an indication of the legality of the supply or provision of the goods or services.
11.3 We reserve the right to refuse to perform a CiNKO Mobile App Transaction directly or indirectly associated with any Restricted Country.
11.4 If CiNKO, in its sole discretion, believes that you may have breached the provision of this Clause, we may take action to protect ourselves, other CiNKO Users and third parties. The action we may take includes but is not limited to:
11.4.1 closing, suspending, or limiting your access to your CiNKO User Account or any or all of the CiNKO Services.
11.4.2 contacting other CiNKO Users who have transacted with you; contacting your bank or credit card issuer; and/or warning other CiNKO Users, law enforcement, or impacted third parties of your actions;
11.4.3 updating inaccurate Information you have provided to us;
11.4.4 taking legal action against you;
11.4.5 terminating these Terms or access to the CiNKO Mobile App;
11.4.6 fully or partially reversing a CiNKO Mobile App Transaction; and/or
11.4.7 blocking your access to your CiNKO User Account and/or CiNKO Mobile App temporarily or permanently.
11.5 Where possible, CiNKO will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation.
11.6 CiNKO Users participating in any promotional programs, such as the Referral Program, are strictly prohibited from manipulating or abusing the program in any way. This includes but is not limited to self referrals (creating multiple accounts or referring oneself to gain referral bonuses), multiple account abuse (opening multiple accounts to take advantage of rewards or promotional offers multiple times) and misrepresentation (providing false or misleading information to exploit and promotional program or related promotional offers/rewards. Such activities will be considered fraudulent acts and a breach of these Terms and Conditions. CiNKO reserves the right to investigate any suspicious activities and, at its discretion, suspend or terminate the user’s account, revoke referral bonuses, and take any legal action necessary to recover damages.
12.1 We reserve the right to impose, at our sole discretion and in line with industry standards, transaction limits on all Mobile App Transactions (“CiNKO Transaction Limits”). CiNKO reserves the right to determine any transaction limits, which limits do not have to be disclosed prior.
12.2 CiNKO Users will be able to find more information on CiNKO Transaction Limits on the CiNKO Mobile App. CiNKO may, from time to time, provide you with procedures or methods to remove or increase such limits. We reserve the right to remove CiNKO Transaction Limits from the Mobile App.
12.3 If a CiNKO User requests to affect a Payment and/or Transfer from their CiNKO User Account that exceeds a CiNKO Transaction Limit, the User will be notified in the CiNKO Mobile App that the intended Payment and/or Transfer exceeds the CiNKO Transaction Limit, and such Payment and/or Transfer request will be denied.
12.4 If the value of a recipient Payment and/or Transfer request exceeds a CiNKO Transaction Limit, the funds will be withheld in a suspense account by CiNKO pending review and authorization. Funds withheld for exceeding transaction limits will be released into the intended recipient CiNKO User Account within 24-48 hours, subject to any further due diligence or compliance procedures that may be required.
13.1 We reserve the right to change, suspend or discontinue any of the Mobile App Transactions and/or Services at any time, including hours of operation or availability of the Services, without prior notice and without liability.
13.2 Forfeiture of Fraudulent Balances. CiNKO reserves the right to withhold or forfeit any balances in a CiNKO User Account if an investigation reveals fraudulent activity or misuse of the Mobile App or Services and Terms and Conditions associated therewith. The determination of fraud, based on CiNKO's discretion and investigation, may lead to the forfeiture of any funds directly associated with the fraud. CiNKO will take reasonable steps to inform the account holder of the reasons for the forfeiture. If there is no evidence of fraudulent activity, legitimate balances will be returned in a timely manner, subject to applicable legal and regulatory obligations.
14.1 Users will be liable for all losses incurred in respect of Mobile App Transactions, including Payments and/or Transfers, which were not authorised by the User if the User has acted fraudulently or has intentionally or with gross negligence failed to comply with the obligations set out in Clause 10 (Security)
14.2 We shall not be liable for non-execution or defective execution in relation to an Payments and/or Transfers we have made in accordance with a unique identifier given to us by you which proves to be incorrect. However, we shall make reasonable efforts to recover funds involved in that transaction and may charge you for doing so, including passing on to you charges made by intermediary banks and/or the Intended Recipient’s bank for their assistance in the tracing process.
14.3 We are not liable for any losses incurred by Users for the correct execution of an Payments and/or Transfers if we can prove to you (and where relevant, to any Intended Recipient’s payment services provider) that the Intended Recipient’s payment services provider received the payment within the appropriate time period. We will, however, upon your request, make efforts to trace any non-executed or defectively executed Payments and/or Transfers which were correctly executed to an account which is deemed fraudulent and notify you of any outcome involving our search.
14.4 We shall not be liable to you for any:
14.4.1 delay or failure to perform our obligations under these Terms (including any delay in payment) by reason of any cause beyond our reasonable control including, but not limited to, any action or inaction by you or any third party, any Force Majeure Event, bank delay, postal delay, failure or delay of any fax or electronic transmission, any accident, emergency, act of god or any abnormal or unforeseeable circumstances; or
14.4.2 consequential or indirect loss (such as loss of profits or opportunity) you may incur as a result of us failing to perform our duties in respect of a Payment and/or Transfer.
14.5 You are responsible for all liabilities, financial or otherwise, incurred by CiNKO (acting as Account Issuer), a CiNKO User, or a third party caused by or arising out of your breach of these Terms, your use of the CiNKO Services, and any use of your CiNKO User Account. You agree to reimburse CiNKO (acting as Account Issuer), a CiNKO User, or a third party for any and all such liability, to the extent not prohibited by applicable law.
14.6 You remain liable under these Terms in respect of all charges and other amounts incurred through the use of your CiNKO User Account at any time, irrespective of termination, suspension or closure.
14.7 You alone are responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions. You are liable to the state and other subjects for fulfilment of all tax obligations independently. CiNKO shall not be responsible for the execution of tax obligations, or calculation and transfer of taxes applied you.
14.8 You agree to defend, reimburse or compensate us (known in legal terms to “indemnify”) and hold CiNKO, our third party providers, our employees or agents who are authorised to act on our behalf harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of these Terms, breach of any law and/or use of the Services.
14.9 Nothing in these Terms shall operate to exclude liability for death or personal injury or for fraud or fraudulent misrepresentation or for any liability that cannot be excluded or amended by law.
14.10 In no event shall CiNKO be liable for loss of profits or any special, incidental or consequential damages arising out of these Terms or otherwise in connection with the Services, howsoever arising.
14.11 To the extent permitted by applicable law, CiNKO is not liable, and you agree not to hold it responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
14.11.1 your inability to use the Services for whatever reason;
14.11.2 delays or disruptions in the Services;
14.11.3 viruses or other malicious software obtained by accessing the CiNKO Mobile App or any associated site or Service;
14.11.4 glitches, bugs, errors, or inaccuracies of any kind in the Services;
14.11.5 the content, actions, or inactions of third parties;
14.11.6 a suspension or other action taken with respect to your CiNKO User Account;
14.11.7 your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to these Terms or CiNKO’s policies;
14.11.8 illegal actions and operations of third persons performed using counterfeited and/or illegal documents or illegally received data.
15.1 Your CiNKO User Account will be closed at the end of the term of this agreement in accordance with Clause 3.1 or upon termination of these Terms in accordance with Clause 20 (Amendments to these Terms) and Clause 23 (Termination). You accept that after your CiNKO User Account has been closed, CiNKO will store personal data about you and your Mobile App Transactions for a period of five years.
15.2 If your CiNKO User Account holds a balance of Electronic Money at the time of its closure, we may ask you to withdraw your funds within a reasonable period of time, during which your CiNKO User Account will be accessible for the purpose of withdrawing the remaining balance of Electronic Money only. After the expiry of this period you will not be able to access your CiNKO User Account but you may withdraw any remaining funds for a period of six years from the date of closure of your CiNKO User Account by contacting customer service and requesting that the funds be sent to you by bank transfer. When your CiNKO User Account is closed, any pending transaction instructions will be cancelled. If the account is closed following evidence of fraudulent behavior, CiNKO reserves the right to withhold any balances per Clause 13.2.
15.3 You may not close your CiNKO User Account to evade an investigation. If you attempt to close your CiNKO User Account while CiNKO is conducting an investigation, it may freeze your CiNKO User Account and access to the Services to protect all parties, including CiNKO, its affiliates, or a third party against any liability. You will remain liable for any obligations related to your CiNKO User Account even after it is closed.
16.1 You agree and consent to electronic receipt of all Communications that we provide in connection with your CiNKO User Account as well as the Services. We will provide communications to you by making them available on the CiNKO Mobile App or by emailing them to you at the primary email address listed on your CiNKO User Account.
16.2 It is your responsibility to ensure that you regularly log onto and review the CiNKO Mobile App, the CiNKO Website and your primary email address and open and review communications that we deliver to you through those means. You are obligated to review your notices and CiNKO Transaction History, and to promptly report any questions, apparent errors, or unauthorised Mobile App Transactions. Failure to contact us in a timely manner may result in loss of funds or important rights.
16.3 We may contact you from time to time to notify you of changes or information regarding your CiNKO User Account. It is your responsibility to ensure you regularly check the CiNKO Mobile App and that your contact information stored on your profile in the CiNKO Mobile App is up to date. You may contact us in accordance with these Terms via email.
17.1 The processing of your data is governed by these Terms, any applicable Supplements as well as our Privacy Policy.
17.2 CiNKO reserves the right to transmit the Information or personal data about you as well as activity in your CiNKO User Account to law enforcement institutions, state authorities and financial institutions, if such is necessary to comply with relevant legislation, and in order to identify whether these Terms and relevant legislation have not been violated.
17.3 When you use the Services, we may collect precise location data about a Mobile App Transaction. If you permit the CiNKO Mobile App to access location services through the permission system used by your mobile operating system, we may also collect the precise location of your device when the CiNKO Mobile App is running in the foreground or background. We may also derive your approximate location from your IP address. You may opt out of providing location data through the CiNKO Mobile App. Unless you opt out of providing location data, you consent to the collection, use, sharing and onward transfer of location data, as further set forth in the Privacy Policy.
17.4 By providing CiNKO with a telephone number (including a mobile telephone number), you agree to receive autodialed and pre-recorded message calls at that number. The ways in which you provide us a telephone number include, but are not limited to, providing a telephone number at CiNKO User Account registration opening, adding a telephone number to your profile on your CiNKO Mobile App at a later time, providing it to one of our employees, or by contacting us from that phone number. If a telephone number provided to us is a mobile telephone number, you consent to receive SMS or text messages at that number for service-related matters.
17.5 We will not share your phone number with non-affiliated third parties for their purposes without your consent and we will never market, advertise, or solicit you using autodialing or pre-recorded messages, but we may share your phone numbers with our affiliates, third parties or with other service providers, such as billing or collections companies, who may contact you using autodialed or pre-recorded messages or text messages.
17.6 You understand and agree that CiNKO may, without further notice or warning and at our discretion, monitor or record the telephone conversations you or anyone acting on your behalf has with CiNKO or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with CiNKO may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by CiNKO, and CiNKO does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
17.7 You agree that we can use your Information in connection with your CiNKO User Account to enable us to review, develop and improve our products and services. This may involve providing your Information to our partners, affiliates, agents, distributors and suppliers to process Mobile App Transactions and for their statistical research and analytical purposes. We may also disclose your Information as required by law, regulation or any competent authority or agency to investigate possible fraudulent, unlawful or unauthorised activity.
17.8 You understand and agree that we may collect information about how you and other CiNKO Users interact with the Services. We may access the address book on your device and store names and contact information to facilitate social interactions through the Services and for other purposes. We collect transaction details related to your use of the Services, including the type of service requested, date and time the service was provided, amount charged and other related transaction details. We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information and mobile network information. You agree that we may use the information that we collect to facilitate interactions with the Services, including sharing certain non-sensitive information about you with other CiNKO Users.
18.1 The CiNKO Mobile App and the CiNKO Website and all intellectual property rights contained therein, including but not limited to any content, are owned or licenced by us. Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).
18.2 We reserve all of our rights to any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
18.3 Nothing in these Terms grants you any legal rights to the CiNKO Mobile App and/or the CiNKO Website, other than as necessary to enable you to access the Mobile App. You agree not to adjust or try to circumvent or delete any notices contained on the CiNKO Mobile App (including any intellectual property notices) and in particular in any digital rights or other security embedded or contained within the CiNKO Mobile App.
19.1 We take all complaints seriously. Any complaints about CiNKO, Mobile App Transactions or the Services we provide should be addressed to us via email. You should clearly indicate that you wish to make a complaint to us. This helps us to distinguish a complaint from a mere query. Our complaints procedure (available on our website, www.cinko.io) sets out the process for submitting and resolving any complaints. You may request a copy of our complaints procedure at any time by contacting customer services via email or visit our help page at https://help.cinko.io/en.
20.1 These Terms may be amended unilaterally by us. These changes will be deemed to have been accepted by you where you do not, before the proposed date of the entry into force of the changes, notify us to the contrary. If you do notify us to the contrary, your notification will be deemed to be a notice that you wish to close your CiNKO User Account and terminate these Terms on the date upon which the changes are to take effect.
20.2 Where an amendment to the Terms is required by law or relates to the addition of a new service, extra functionality to the existing Services, a reduction in the cost of the Services or any other change which neither reduces your rights nor increases your responsibilities, the amendment may be made without prior notice to you and shall be effective immediately.
21.1 The fees we charge for the Mobile App Transactions and/or Services are set out in the separate Fees and Pricing Schedule to these Terms. We will provide you with notice of any changes to the Fees and Pricing Section in accordance with these Terms. It is your responsibility to stay informed and review these changes once we have provided you with notice of a change to our fees.
21.2 CiNKO reserves the right to charge an Investigation and Recovery Fee when users request assistance with reviewing, investigating, or recovering disputed transactions, unauthorized account activity, or other incidents requiring detailed examination. The amount of this fee will be determined by CiNKO based on the complexity of the investigation. Users will be informed of any applicable Investigation and Recovery Fee at the time of their request, and all such fees are non-refundable, regardless of the outcome.
22.1 The Services are provided on an “as is,” “as available” basis and without any representation or warranty, whether express, implied or statutory. CiNKO, and the officers, directors, agents, joint venturers, employees and suppliers of CiNKO, make no representation or warranty of any kind whatsoever for the Services or the content, materials, information and functions made accessible by the Services used on or accessed through the Services, or for any breach of security associated with the transmission of sensitive information through the Services.
22.2 CiNKO does not warrant that the Services will be uninterrupted or error free. CiNKO shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Mobile App Transactions or the Services.
22.3 CiNKO does not have any control over the products or services that are paid for using Mobile App Transactions and/or Services.
22.4 CiNKO is not responsible for the quality, performance, or any consequential results of the products and/or services purchased using the CiNKO Services.
23.1 CiNKO, in its sole discretion, may terminate these Terms at any time, by giving you two months’ notice. The termination of these Terms will not affect any of our rights or your obligations arising under these Terms.
23.2 You may terminate these terms at any time by providing us with one month’s notice, such notice to be provided via email.
23.3 Without prejudice to any rights that have accrued under these Terms, or any party’s other rights or remedies, either party may at any time terminate these Terms with immediate effect by giving written notice to the other party if:
23.3.1 the other party commits a material breach of any term of these Terms and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
23.3.2 the other party repeatedly breaches any of the terms of these Terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of these Terms;
23.3.3 the other party is subject to a bankruptcy, insolvency, winding up or other similar event; and/or
23.3.4 the result of laws, payment scheme rules, regulatory authority rules or guidance or any change in or any introduction thereof (or change in the interpretation or application thereof) means that it is unlawful or contrary to any such law, rules, order or regulations for either of the parties to perform or give effect to any of its obligations hereunder and such obligation cannot be readily severed from these Terms.
23.4 Without prejudice to any rights that have accrued under these Terms or any of the party’s rights or remedies, we may at any time terminate these Terms with immediate effect by giving written notice to you if:
23.4.1 we are unable to verify your information in the manner set out in these Terms;
23.4.2 you die;
23.4.3 we have reason to believe that your use of the Services: damages, corrupts, degrades, destroys and/or otherwise adversely affects the Services, or any other software, firmware, hardware, data, systems or networks accessed or used by you;
23.4.4 there is a significant fluctuation (either positive or negative) in the aggregate number of Mobile App Transactions you enter into;
23.4.5 you have acted or omitted to act in any way which we reasonably determine to diminish CiNKO’s (acting as Card Issuer or otherwise) business operations and/or reputation and/or goodwill and/or which we reasonably determine or suspect to give rise to any offence or any increased risk or liability to us; and/or
23.4.6 we are unable to provide the Services to you through the inability of any third party to provide us with any good and/or service that we require to provide the Services to you.
23.5 Other actions we may take. If you have breached any of these Terms (including a breach of your obligation to pay us any amount owing), we are otherwise entitled to terminate these Terms, or we may, amongst others: suspend or limit your access to the CiNKO Mobile App, suspend or limit your use of the Services (in whole or in part) in which case we will not treat any request for a Mobile App Transaction that you may wish to make as being received by us; report any Mobile App Transaction or any other relevant information about you and your use of the Services to the relevant regulatory authority, law enforcement agency and/or government department; and/or if appropriate, seek damages from you.
23.6 Where termination of these Terms necessitates the closing of your CiNKO User Account, CiNKO will deal with your remaining balance of Electronic Money in accordance with these Terms and the CiNKO Account Holder Terms (as applicable).
23.7 Any terms which by their nature should survive, will survive the termination of these Terms.
24.1 In order to use the Services, you may be requested to accept other terms and conditions, either with CiNKO or with a third party.
24.2 To be eligible to use the CiNKO Services, you must:
24.2.1 pass our regulatory due diligence checks which may be imposed from time to time at our sole discretion;
24.2.2 not be in breach of these Terms; and
24.2.3 not have had any previous CiNKO User Account closed by us.
24.3 These Terms shall be governed by the laws of The Bahamas, and or any other jurisdiction determined by us from time to time as applicable, and any claim or dispute under these Terms shall be subject to the non-exclusive jurisdiction of the Courts of The Bahamas and or any other jurisdiction determined by us from time to time as applicable according to applicable operating regulations.
24.4 For the avoidance of doubt these Terms do not include any alternative dispute resolution procedures as a means of disputing or issuing any claims in relation to these Terms.
24.5 These Terms do not intend to confer any benefit on any third party and no third party shall have the right to enforce these Terms.
24.6 The Electronic Money in your CiNKO User Account belongs to the person or legal entity which is registered as the CiNKO User Account holder and/or whose personal details are used to register and open the CiNKO User Account. We recognise only the rights of the holder of the CiNKO User Account. You cannot assign or transfer legal ownership of a CiNKO User Account to any third party.
24.7 If we fail to enforce any of our rights under the Terms, or applicable laws, it shall not be deemed to constitute a waiver of such right.
24.8 You may not transfer or assign or sell any rights or obligations you have under these Terms or otherwise grant any third party a legal or equitable interest over your CiNKO User Account without CiNKO’s prior written consent. CiNKO reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time.
24.9 We may comply with any subpoena, levy, or other legal process which we believe to be valid. We may notify you of such process electronically, by phone, or in writing, or in accordance with Clause 16 of these Terms.
24.10 CiNKO (acting as Electronic Money Issuer or otherwise) has the right to change any of its third-party service providers, including without limitation the Account Processor, with or without notice.
24.11 CiNKO reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any provider content, in whole or in part, that in its sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of these Terms.
24.12 Unless stated otherwise in these Terms, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be removed from the Terms and will not affect the validity and enforceability of the remaining provisions.
24.13 We do not provide advice, financial, investment or otherwise, and contract on an execution only basis. We may provide information to you from time to time, for example via the CiNKO Mobile App or the CiNKO Website, but we will not and do not provide advice to you either upon the merits of a proposed Mobile App Transaction or upon any other Service or related matter.
24.14 Before entering into any Mobile App Transaction Users must make their own independent assessment as to whether it is appropriate to enter into such Mobile App Transaction based upon their own judgment and upon such advice from such advisers as they consider necessary.
24.15 It is an express term of every Mobile App Transaction which you enter into with us that you are not relying upon any communication (written or oral) made by us as constituting advice about or a recommendation to enter into such Mobile App Transaction.
24.16 Any Schedules to these Terms form part of these Terms and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules.
24.17 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
24.18 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
24.19 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
24.20 These Terms shall be binding on, and ensure to the benefit of, the parties to these Terms and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party’s personal representatives, successors and permitted assigns.
24.21 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
24.22 A reference to writing or written includes email as well as communication governed by Clause 15 (Notice and Communications).
24.23 Any obligation on a party not to do something includes an obligation not to allow that thing to be done to the best of their ability.
24.24 These Terms shall be concluded and interpreted in the English language. If these Terms are translated into another language, it is for reference purposes only. All communications between the parties shall be in the English language.
24.25 Any reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than the Bahamas, be deemed to include a reference to that which most nearly approximates to the English legal term in that jurisdiction.
