This website is for demonstration and testing purposes. No money transfer orders will be fulfilled.
Terms and Conditions
You must read these terms and conditions (the “Terms and Conditions”) to make sure that they contain all that you want and nothing that you are not happy with. It is important that you understand that access and use of our Service is conditional on your acceptance of the present Terms and Conditions. These Terms and Condition are a Legally binding agreement and it is important that you take time to read them carefully. At all times, may you request to receive a copy of these Terms and Conditions via post or email.
Introduction
Cadawada is a trading name of Cadawada Limited, a company registered in England and Wales under registration number 12345678 whose registered office is at 47 Yarnton Way, London SE2 9UJ
We are an Electronic Money Institution authorised by the UK Financial Conduct Authority (“FCA”) with Reference Number under the Electronic Money Regulations 2011 for the issuing of electronic money and providing payment services.
The Terms and Conditions listed below govern the access and use of our website ("Our Website”). These Terms and Conditions will enable you to transfer money (“the Service”). By using the Website, you accept the terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use Our Website.
In the present Terms and Conditions, our trading name “CadaWada”, hereinafter refers to “we”, “us”, “our” and “you”, “your” refer to any person who accesses and/or uses the Service.
Definitions
In this Agreement, the below terms shall have the following meaning(s):
"Application" means a CadaWada mobile phone application operated by CadaWada to provide online money transfer services and the related information.
“Business” Day means 9am to 5pm GMT Monday to Friday excluding Bank Holidays and Public Holidays in England.
“Services” means all products, services, content, features, technologies or functions offered by us and all related websites, applications (including the App), and services (including the Website and API).
“CadaWada Account” means the account you have opened with us in accordance with the terms of this Agreement
“Website” means any webpage, including but not limited to www.cadawada.com , where we provide the Services to you.
“Service Fee” means the charges and fees we charge to you for the Service, as applicable, in accordance with the price list published on the Website and/or the Application, or the prices or rates that we communicate to you before we issue a Confirmation, or as provided in these Terms and Conditions;
“Force Majeure Event“ means any of the circumstances in clause 11.
“FX Spread” is where you pay for a transaction in one currency and it is paid out in another currency, we apply an FX spread. The FX spread is the difference between the exchange rate we buy the currency in and the exchange rate we are able to provide to you and we communicated it in the order confirmation and it covers our costs plus a small margin.
“Money Transfer Regulations” means the applicable laws of the United Kingdom or of the country from which funds are transferred or where funds are intended to be received which relate to electronic money transfer services including, without limitation, the Financial Services and Markets Act 2000, the Payment Services Regulations 2017 and the Electronic Money Regulations 2011.
“Prohibited purpose” means any unlawful purpose including but without limitation to, the transfer or receipt of payment for illegal activities, the transfer of funds which constitute proceeds of crime or money laundering under the Proceeds of Crime Act 2002 or which are obtained by illegal activity, the transfer of funds for the purpose of funding illegal activity, the transfer of funds for the purpose of avoiding the seizure of such funds by law enforcement authorities or under orders of any court of law, and any transfer of funds without the permission of their owner;
“Recipient” means the person identified as the beneficiary of the money transfer through the Service.
“Reference Number” means the unique transaction number, which will be issued to you and which the Recipient will be required to provide to authorise us or our partners in order to receive the amount transferred.
“Sender” means the person who initiates the carrying out of a money transfer by using the Service.
“Transaction” means every money transfer that you initiate using the Service and/or every other use that you make of the Service.
Additional Terms that may apply to you
3.1
Our Privacy Policy ( Insert website link), which sets out the terms on which we process any personal data we collect about you, or that you provide to us. By using our Services, you consent to such processing and you promise that all data provided by you is accurate.
3.2
Our Acceptable Use Policy (Insert as link to acceptable use policy), which sets out the permitted uses and prohibited uses of the Website. When using the Website, you must comply with this Acceptable Use Policy.
3.3
Our Cookie Policy (Insert as link to cookie policy), which sets out Information about the cookies on the Website.
How to start using our Service
To start using our Services, you must open a CadaWada Account and provide your details as prompted.
You must at all times provide accurate information. You must update this information whenever it changes. We cannot be responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.
All activities under a CadaWada Account shall be deemed as activities carried out by the registered user. You shall only use the Services to transact on your own account and not on behalf of any other person or entity.
You may only open one CadaWada Account unless we have agreed in writing the opening of additional accounts. CadaWada may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, CadaWada may close or merge these duplicate accounts at its sole discretion.
You are also responsible for ensuring that any person who access our Website and/or Application through your device and/or internet connection are aware of these Terms and Conditions and they accept them.
You must keep your Cadawada Account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions without any liability to you.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at (Email address inserted here.)
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
Cadawada Application
A mobile device that operates on Android 8+ or iOS minus one.
You must be signed into the current version of the Application on your mobile device.
By "current version", we mean a version of the software that is currently being supported by its
We license the use of the Application to you subject to this Terms and Conditions and the regulations applied by the providers of the mobile Application. We remain the owners of the Application at all times.
Updates to the Application may from time to time by issued through App Store or Google Play. Our Services may be interrupted until the latest version of the Application is downloaded.
We reserve the right to discontinue support of a current version of the Application if, in our opinion, it suffers from a security or other flaw that makes it unsuitable for use with your Cadawada Account.
Updating of Content and Exclusion of Liability
Please note that the materials on this website are provided for general information purposes and do not constitute legal or other professional advice. We do not accept any responsibility for any loss which may arise from reliance on information contained in the Website.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user:
We may amend our Terms and Conditions due to changes in the market;
in order to comply with law;
and regulatory requirements;
our users’ needs; and
our business priorities.
If we make any changes, we will notify you by email of our revised Terms and Conditions.
We do not guarantee uninterrupted access to our Website and Application. We may for business and operational reasons restrict or suspend access to our Website and Application.
You will be notified of any scheduled maintenance by way of reasonable notice.
How you may use your Cadawada Account
If you are an individual, you must be 18 years or older to use our Services and by opening a CadaWada Account you declare that you are 18 years or older. We may at any time ask you to verify your age by providing supporting documents.
If it comes to our attention through reliable means that a user is a under 18 years of age, we will cancel that user's account and will delete all information regarding such user from our system and records.
By using a Cadawada Account, you accept that your CadaWada Account does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section
(a) Your CadaWada Account allows you to hold, send or receive electronic money/payments.
(b) The electronic money held on your CadaWada Account does not expire other than when your account is closed.
(c) The electronic money held on your CadaWada Account will not earn any interest.
(d) You may hold your electronic money in pound sterling and any currencies which we support from time to time.
(e) You may withdraw money from your CadaWada Account at any time subject to certain conditions.
(f) Certain limits may be placed on your CadaWada Account, Your Cadawada Account may be subject to verification checks or other legal considerations.
(g) The electronic money held on your CadaWada Account belongs to the Individual user or the business registered as the CadaWada Account holder.
(h) Unless you have our consent in writing, you must not allow anyone to operate your CadaWada Account on your behalf.
Your electronic money in the CadaWada Account is issued in accordance with the UK Electronic Money Regulations 2011.
Your CadaWada Account is an electronic money account and is not a bank account. You acknowledge that the UK’s Financial Services Compensation Scheme does not apply to your CadaWada Account. However, we follow the requirements under the UK Electronic Money Regulations 2011 which are designed to ensure the safety of funds held in electronic money accounts like your CadaWada Account.
Our Obligations to you as a Consumer
We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your Transaction for example, your Recipient) in order to provide any Services to you. You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports. You authorise us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your CadaWada Account with us or in the event of a dispute relating to this Terms and Condition and activity under your CadaWada Account.
Force Majeure Event
We are not liable to you if we are unable to perform any of our obligations to you or our performance of any of our obligations is delayed due to any circumstances outside of our reasonable control, including (without limitation) any industrial action, riot, invasion, terrorist attack, act of God, fire, flood or storm, war, siege, security alert, act of terrorism or any resulting precautionary measures taken, act of vandalism, sabotage, virus, malicious damage, pandemic, epidemic or other natural disaster, statutory provision, law, governmental or court order, the actions or instructions of the police or of any governmental or regulatory body which authorizes us to perform Our Services, cut or failure of power, failure of equipment, systems or software or internet interconnectivity or the occurrence of any extraordinary fluctuation in any financial market that may materially adversely affect our ability to perform our Service.
A Contract shall be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
We shall use our reasonable endeavours to bring the Force Majeure Event to a close or, at our discretion and in order to protect both you and us, we may terminate the contract.
Severability
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contracts are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Confidentiality
We respect the privacy of the affairs of all our consumers and always aim to treat your information as confidential.
We will not treat your information as confidential where it is already public knowledge or where it becomes public knowledge through no fault of our own.
We may disclose your information if we are required to do so by law, by a court, by court order, to meet any statutory, legal or regulatory requirement on us, or by the police or any other law enforcement agency in connection with the prevention or detection of crime or to help combat fraud or money laundering. We may also report suspicious activity to appropriate law enforcement organisations or other government agencies.
Complaints
If you wish to make a complaint about any aspect of our Services, please send your complaint in writing to the address shown on the Contact Us page of our Website.
We will acknowledge receipt of your complaint promptly. We will investigate your complaint and come back to you with the results of our investigation as soon as reasonably practicable after the receipt of our acknowledgement of your complaint.
Third Party Rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Governing Body and Jurisdiction
If you are a consumer, please note that these Terms and Conditions are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Sending money
17.1 Setting up your payment order You must set up your payment order from your CadaWada Account. Your order may either be:
(a) a "Fixed Source Order" which is a payment order where you indicate that you wish to send and convert a fixed amount of Source Currency to your recipient who will receive the converted amount in the Target Currency; or
(b) a "Fixed Target Order" which is a transfer where you indicate that you wish to send and convert a fixed amount of Target Currency to your recipient from the Source Currency you pay into CadaWada.
You can only set up a Fixed Target Order for certain Source Currencies, you can find a list of these Source Currencies on our FAQ.
17.2 Information you need to provide to set up a payment order. To set up a payment order via your CadaWada Account, you need to provide certain information to us including
(a) the full name of your recipient,
(b) your recipient’s bank account details or their CadaWada Account details and
(c) amount to be transferred.
17.3 Payment order limits. We may place limits on the amount you may send per transfer. For more information on the applicable limits, please visit our FAQ.
17.4 When is your payment order received. If your payment order is received by us after 5pm on a Business Day or not on a Business Day, your payment order will be deemed received on the following Business Day.
17.5 What happens after you have submitted your payment order. Once we have received your payment order, we will display it under the Activity section of your CadaWada account. Each payment order is given a unique transaction number which you can find there. You should quote this number when communicating with us about a particular payment order.
17.6 You need to provide us with sufficient funds before we can process your payment order. We will only process your payment order if we hold or have received sufficient cleared funds in your CadaWada Account. It is your responsibility to fund your payment order in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your bank or payment service provider.
17.7 Verification checks may increase the time for processing your payment order We carry out verification checks, and these checks may increase the time it takes to process your payment order. We cannot be responsible for any delays as a result of carrying out those checks.
17.8 Completion time of your payment order. The estimated completion time of your payment order is notified to you when you complete the setup of your payment order. You may also find further information about the completion time in the FAQ section of our Website, please refer to the applicable currencies in your payment order.
17.9 We will use reasonable efforts to ensure funds arrive at your recipient’s account within the notified timeframe. We will use reasonable efforts to ensure that the funds arrive in the recipient’s bank account or payment account within the timelines notified to you or otherwise specified in our FAQ section. We do not have any control over the time it may take for the recipient’s bank or payment provider to credit and make available funds to the recipient.
17.10 Refusal of your payment order. If we are unable to complete your payment order, we will let you know and, if possible, the reasons for the refusal and an explanation of how to correct any factual errors. However, we are not required to notify you if such notification would be unlawful.
17.11 You may cancel your payment order before your funds are converted. You may cancel your payment order by following the instructions set out in our FAQ. You cannot cancel your payment order once your funds have been converted into the Target Currency you requested.
17.12 You must ensure the information you provide to us is correct. You must make sure that the information you provide when setting up a payment order is accurate. If we have processed your order in accordance with the information you have provided to us it will be considered correctly completed even if you have made a mistake.
17.13 What happens if you provide us with incorrect information. If you provide incorrect information with your payment order, we will use reasonable efforts to recover the funds for you, and may need to charge you a fee for that.
Exchange Rates
18.1 The applicable exchange rate. We will let you know the exchange rate:
(a) when you place your payment order, if it is a guaranteed rate payment order; or
(b) when we have received your payment, if it is a non-guaranteed rate payment order.
18.2 Exchange rate
(a) Except as specified in section 18.2(b) below, when we refer to an exchange rate in this Agreement, it means the mid-market exchange rate at the relevant time for the relevant currency pair (for example, GBP to EUR, USD to AUD) as provided by our reference rate provider, Reuters. We may change our reference rate provider from time to time without notice to you.
(b) For some currencies, we cannot use the mid-market exchange rate as we are required to use a different reference rate for the exchange rate for your currency pair. For example, for transfers to Nigeria (NGN), we are required to use the rate set by the Central Bank of Nigeria. For these currencies we will notify you of the reference rate used for the exchange rate when you place your payment order.
18.3 Guaranteed rates. We offer automatic guaranteed rates on certain payment orders based on the table and subject to the conditions here, which may be changed from time to time.
Receiving money
19.1 You can receive money into your CadaWada Account. You can receive money into your CadaWada Account using methods which we support from time to time.
19.2 The money received is shown in your CadaWada Account. Any money you receive into your CadaWada Account will be recorded in the transaction history section of your CadaWada Account. You should check the incoming funds in your CadaWada Account against your own records regularly and let us know if there are any irregularities.
19.3 The money received may be subject to reversal. You acknowledge that the money received in your CadaWada Account ("Received Amount") may be subject to reversal and you agree that we may deduct the Received Amount from your CadaWada Account if it was reversed by the person who paid you the Received Amount or any relevant payment services provider.
19.4 Sending money using an email address. If you send money to a person using an email address which is not registered with us, the money will not be credited until the intended recipient has claimed the money following the steps we have set out for them. Until then, there is no relationship between us and the intended recipient and the money continues to belong to you. We will refund the money to you if the intended recipient does not claim the money or if they have failed our customer checks within a reasonable time period as determined by us.