Conditions of Use / Terms of Service

Conditions of Use

These are important conditions and you must carefully read and understand the Conditions before completing the Registration form. By completing the Registration you represent that you have read and understood the Conditions of Use and agree to enter into a contract with us based on the Conditions of Use.

1. The Conditions of Use detailed below are a legal binding contract between you and us in relation to your use of Online Check Buying Service.

2. These Conditions of Use specify:

A. By sending to us a US Dollar Check you will endorse each Check to CyFroCa$h Incorporated and, in the event you fail to so endorse a US Dollar Check, we have the option which we may exercise in our sole discretion of either returning the check to you, requesting such an endorsement, or presenting the check to our bank along with this Contract, including this clause whereby you expressly grant CyberFrontier Corp. an irrevocable Power of Attorney to present as your attorney in fact to endorse all Checks to CyFroCa$h Incorporated and deliver the endorsed Checks to CyFroCa$h Incorporated on the terms of this contract.

B. All Checks purchased by CyFroCa$h Incorporated will be deemed purchased from you at the time such Check has been presented to our bank; provided, however, all purchases of Checks are expressly subject to a condition subsequent, namely, that should such a purchased Check be dishonored or otherwise not cleared by the drawee bank, then the sale and purchase of the Check is null and void and we will return the Check to you.

C. Terminology

"you" and "your" means the customer specified on the Registration Form by name, address, and date of birth.

"we" and "us" means CyFroCa$h Incorporated.

"account" and "accounts" means the customer accounts detailing all information concerning checks sold to us, the status of such checks, and the availability of funds for the customer, identified by the number specified on your registration form.

"fees” means the fees we charge for providing the check cashing service to you and which will be debited against withdrawals from or against your account.

D. Check Clearing Facility Conditions of Use Prevail

These Conditions of Use apply in addition to the Conditions of Use that apply to your accounts and CyFroCa$h services accessed using our facilities.

Where inconsistent, these Conditions of Use will override the Master Account Mandate or any other mandates or signing authorities, and Conditions of Use for specific products and services in relation to all transactions using our facilities.

E. Use of Our Facilities

You represent and warrant to us that use of your Customer Account and password is sufficient authority for us to purchase your Checks and to process the transactions on behalf of your accounts. We may act on this authority and are not obliged to make further enquiries. You agree that you will not use Online Check Clearing Service for any purpose other than to carry out your Check cashing transactions and that the Checks sold to us represent the sale of lawful goods and/or services and that you have not breached or violated the provisions of applicable laws, statutes, and regulations in the sale or offer to sell such goods and/or services.

F. Access to Accounts and Availability of Our Facilities

You are permitted to access with your password and user name any accounts on which you are named as the account owner and have been authorised to act as the sole owner. You are permitted to access and view accounts with your password and customer number on which you are authorised to sign jointly with another person; provided, any transaction on a joint account must be with the consent of all customers named on the joint account.

CyFroCa$h facilities are generally available 24 hours, 365 days a year, excepting any necessary downtime to allow for maintenance of the system.

G. Your Obligations

You agree you will not:

Choose a password that is easily guessed or identified as relating to you, or is an obvious combination of letters and numbers (e.g. sequential numbers, date of birth, street address etc);

Make your password known to any other person;

Keep any record of your password in a form that it can be readily identified;

Store the password anywhere, in written or electronic form;

Choose a password that is directly related to information that can be easily identified;

Leave your computer unattended and left logged onto CyFroCa$h facilities;

You agree to ensure the accuracy and reliability of all information provided to us at the time of Registration or at any future date in relation to your Online Check Clearing transactions.

H. Disclosed Password

It is your responsibility to take precautions to safeguard your password and memorize your password, and exercise care against the possibility that others may use your password to gain unauthorised access to your Online Check Clearing Account..

I. Lost or Stolen Password

If any record containing your password is lost or stolen or your password becomes known to anyone other than yourself, you must immediately notify us by emailing us at support@cyfrocash.com . Upon receipt of your email we will put a hold on your customer account and deny access to that account until you have reapplied for a new password. The reapplication for the new password may be done online. For your own protection we might contact you to verify your identity before we the new password can be used.

J. Your Liability

You will be liable for all loss, including loss suffered by another person, if you act fraudulently or otherwise unlawfully, either alone or together with any other person.

You may be liable for some or all loss arising from any security breach, including loss arising from unauthorised transactions, whether occurring before or after notification, if you have caused or contributed to that loss, for example by failing to comply with any of these Conditions of Use and in particular, the conditions relating to passwords.

   You will not be liable for:

Fraudulent or negligent conduct by our employees or agents;
Faults that occur in our Online Check Clearing systems or software, unless the faults are obvious or advised by message or notice on display;
Unauthorised transactions occurring before you have been registered; or any other unauthorised transaction where you could not have contributed to the loss.

If you promptly report any actual or possible security breach, including, for example disclosure of your password or failing to take reasonable steps to prevent it being disclosed, you will not be liable for loss occurring after notification unless you have caused or contributed to the loss.

You agree to give us all available information as to the circumstances of any actual or possible password disclosure or unauthorised use of your PC.
In addition, you agree to assist us to recover unauthorised amounts withdrawn or paid from any of your accounts or otherwise transferred to or from any account.

K.            Your Indemnity to us

You agree to indemnify and hold us harmless for any loss, damage, expenses, (including but not limited to attorneys fees) suffered by us, our customers or a third party or for any claim or action which may be brought against us by a customer or third party which results from your misuse of our facilities.
This includes any failure by you to ensure that steps are taken to prevent unauthorised use of our facilities.

You acknowledge that any unauthorised reproduction by you of any proprietary information provided or available via our facilities or any portion of it may result in legal action being taken.

L.            Our Obligations

We will use best efforts to provide a secure system within which you can carry out your check clearing transactions and retrieve personal account information, provided your web browser software is supported by our systems.

We will use best efforts to process all Checks received by us and to process your requests for withdrawals. We will use best efforts to deposit your Checks endorsed to us within the following timeframes:

Checks and/or Withdrawal request received before 8 a.m. on a business day, on that same day.

Checks and/or Withdrawal request received after 8 p.m, or on a non-business day, on the next business day.

To the full extent permitted by law, we will not be liable for any refusal or omission to follow instructions or make deposits, or make any process withdrawals or any other failure to fulfil our obligations, due to causes beyond our reasonable control (including, without limitation, the failure or default of any third party network provider or any system not owned or directly controlled by us, or any other electronic, telecommunications, power or computer processing failure).

M. Dishonor of Checks

Checks sold to us may be dishonored. We will notify you by one of the means specified under "Notices" of any such dishonour as soon as reasonably practicable.

N. Withdrawal of Service

We may at any time with reasonable notice withdraw your access to our facilities. We may suspend or withdraw your access to our facilities at any time without prior notice if:

you breach any of these Conditions of Use; or

we learn of your death, bankruptcy or lack of legal capacity, or

that you have committed an act of bankruptcy, or that a bankruptcy petition has been presented against you; or

there are insufficient funds to cover a withdrawal request; or

you have acted fraudulently; or

we consider we have other reasonable grounds to do so.

You may at any time cancel your access to Online Check Clearing by contacting the CyFroCa$h by sending an email to closeacct@cyfrocash.com.

O. Changes to Our Services, Facilities and Conditions of Use

We may at any time modify, add to or delete:

Any of our services or facilities; or

Any of these Conditions of Use.

We will give you 14 Business days notice of such changes, except for variations that are subject to market fluctuations and may be varied at any time.

Notice of changes to our services or facilities or these Conditions of Use will be given on our web site prior to those changes taking effect.

P. Fees and Charges

Use of our facility will incur a flat fee of USD 2.80 per transaction in addition to up to ten percent (10%) and additional third party fees and penalties, depending on the amount of withdrawal.

Details of current fees and charges can be found below or obtained by contacting us at support@cyfrocash.com

You authorise us to debit your nominated account for the amount of our fees and charges and any Government taxes or other charges payable on transactions made through our facility. If there are insufficient funds in your nominated account to cover these fees and charges, we are authorised to overdraw your nominated account by debiting the fees and charges due, or to debit any other account you hold with us.

Q. Use of Information, Privacy Policies

Your transactions and other personal information are held within a secure server environment. Usage information (which is not intended to identify individuals) is recorded by us for site management and security purposes.

Any personal information you transmit to us or which is held by us will only be used to process your transactions and may also be used by us to advise you of any of our products or services, and those of selected third parties.

You have the right to access and have personal information held by us about you corrected where applicable.

R. Email Contact

Email can be used to make general account or other enquiries or to request services from us. We expect to deal with your message within 24 hours of its receipt by either processing your request or contacting you if we need further details.

All the Conditions of Use apply to Email Contact.

In addition:

you are responsible for the accuracy and content of all information contained in your messages;

to the extent permitted by law, we are not liable for any loss or damage you or any other person may suffer arising from any act or omission by us in relation to your message.

S. Other Matters

1.            Notices

We may notify you of termination or suspension of your access to our facilities or any other matter by email.

We may notify you of amendments to these Conditions of Use or online services by any of the following means:

Posting information on our web site; or

Written email notice to you

2.            Waiver

In relation to these Conditions of Use, no delay or failure to act will be construed as a waiver of or in any way prejudice, any of our rights.
No waiver will be effective unless it is in writing. A waiver of a breach will not waive any other breach.

3.            Severability

If any of these Conditions of Use is held to be invalid, illegal or unenforceable, that Condition will be severed and the remaining Conditions of Use will be enforceable.

4.            Governing Law

These Conditions of Use and the contract between you and us arising out of your registration to use our services and facilities are governed by Wyoming law and Wyoming courts have jurisdiction.

Version 1b; 15 August 2003