General Terms of Use

Welcome to Cashwagon, a duly incorporated Company in Sri Lanka, a service provider engaged in the provision of digital platform for online micro money lenders. These terms and conditions govern Cashwagon’s relationship with users of the website (www.cashwagon.lk) and set out the rights and obligations of you, the customer, and us, Cashwagon, in connection with your use of our website and associated services. All the terms and conditions of this agreement are legally binding, so please read them through carefully before you agree to be bound by them. These Terms form a legal agreement between you and Cashwagon. Your use of the Site shall be deemed your unconditional acceptance of these Terms, including, without, limitation, all of the responsibilities and obligations detailed herein.

You hereby agree as follows:

General

  • 1. By accessing or using the Website, you signify that you have read all of the terms and conditions in, and linked to, this Agreement (including the Privacy Policy), and you agree to be bound by this Agreement, whether or not you participate in Cashwagon's micro lending services or otherwise access or use the Website (in each such capacity, a "User").
  • 2. This Agreement supersedes any previous agreement to which you and Cashwagon may have been bound (provided that if you have an in force loan agreement, the terms of that separate agreement will control with respect to any provision that conflicts with this Agreement). This Agreement may be modified by Cashwagon in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by Cashwagon on the Website. Your participation in the Program and use of the Website will be subject to any such modifications.
  • 3. You should review the Website and this Agreement from time to time for any modifications. If you do not agree with any such modifications, please immediately terminate your registered Cashwagon account, if any, and please immediately stop using our money lending services and accessing and using the Website.
  • 4. Records of each Loan you make (including this Agreement and any repayment history) are kept by Cashwagon up to six (6) months and, if you have a registered account with Cashwagon and upon your written request, will be made available to you at any time throughout the term of the Loan.

Intellectual Property

  • 5. "Cashwagon" the "Cashwagon" logo and other Cashwagon graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of Cashwagon (collectively, "Cashwagon Marks"). Cashwagon Marks may not be used, including, without limitation, as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Cashwagon. Appropriate Conduct.
  • 6. You may access and use the Website for your personal, non-commercial use in connection with borrowing from the money lending service offered on via this Website. The Website may not be accessed or used by you in connection with any other endeavours – commercial or otherwise – except as previously approved in writing by an authorized representative of Cashwagon. Your access and use of the Website shall be in strict compliance with this Agreement, including, without limitation, Cashwagon's Privacy Policy, all other procedures and guidelines set forth on the Website as well as applicable law.
  • 7. Cashwagon has the right to investigate and take appropriate legal action (including, without limitation, civil, criminal and injunctive redress) against any illegal and/or unauthorized uses of the Website or exploitations of the services provided through this Website.

Indemnity

  • 8. You agree to indemnify and hold Cashwagon harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or arising from your breach of this Agreement.
  • 9. You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.

Disclaimers; Limitation of Liability

  • 10. Whilst every reasonable care has been taken in preparing the information and materials contained in this Website, such information and materials are provided "as is" without warranty of any kind either express or implied.
  • 11. In particular, no warranty regarding non-infringement, security, accuracy, fitness for a purpose or freedom from computer viruses is given in connection with such information and materials.
  • 12. The material and information contained on this Website is provided for general information only and should not be used as a basis for making business decisions. Any advice or information received via this Website should not be relied upon without consulting primary or more accurate or more up-to-date sources of information or specific professional advice. You are recommended to obtain such professional advice where appropriate.
  • 13. Cashwagon accepts no liability and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from your use of this Website, howsoever arising, and including any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake or inaccuracy with this Website, its contents or associated services, or due to any unavailability of this Web Site or any part thereof or any contents or associated services.

Term; Termination

  • 14. This Agreement will remain in full force and effect while you access or use the Website and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your loan agreement and registered account are terminated.
  • 15. From time to time, Cashwagon may make additional features available. Cashwagon reserves the right, in its sole discretion, to include or cease providing these features at any time. Whether or not you are and remain eligible to participate, use the Website, or take advantage of any Cashwagon services, may be determined by Cashwagon in its sole and absolute discretion.
  • 16. Cashwagon may terminate your registered account at any time and for any reason, effective upon transmission of notice to you at the email address you provide to Cashwagon. Upon such a Cashwagon-initiated termination, your loan obtain from Cashwagon shall be returned by you within ten (10) days of account termination. If your loan agreement or registered account is terminated by Cashwagon, you agree not to access or use the Website or apply for any further loans.

Governing Law

  • 17. This Agreement is governed by the laws of Sri Lanka.

Entire Agreement; Severability; Assignment

  • 18. This Agreement, accepted upon your access and use of the Website and further affirmed by becoming a borrower under a loan agreement, contains the entire agreement between you and Cashwagon regarding the use of the Website.
  • 19. In the event of any irreconcilable conflict between your separate written loan agreement and this Terms of Use Agreement, the provisions of your loan agreement shall govern with respect to such conflict. This Agreement may not be orally amended. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
  • 20. This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. Cashwagon has the right to delegate, assign and otherwise transfer any or all of its rights and duties under this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Please contact us with any questions regarding this Agreement, or to request a written copy of this Agreement.