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Terms of Service

Last updated: 2022-11-01

INTRODUCTION

Thank you for visiting CashYeah. We hope that you will find these Terms and Conditions helpful to understand the nature and scope of agreement you may enter to enjoy our services.

By visiting, accessing, using CashYeah, you acknowledge and agree that you have read, understood and accepted all of the terms and conditions in these Terms and Conditions (“Terms”) and Privacy Policy. 

This Terms constitutes agreement between: You (“you”, “Customer”, “User”) and the following service provider (“we,” “us” or “our”) LUNAR TRADING sp. z o.o. established and registered on the territory of Poland, under number registration number 0000905317, with registered office in Rondo Ignacego Daszyńskiego 2B, 00-843 Warszawa Poland (hereinafter referred to as “Operator”, “Company”).

For the avoidance of doubt, these Terms have two parties - you and Company. You may be required to accept separate Terms issued by our Partner that shall govern given Tasks. We are not counterparts of such terms and they form contractual relationships solely between you and Partner.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN YOUR LEGAL RIGHTS AND OBLIGATIONS AND PROVIDE YOU WITH CLEAR OVERVIEW OF OUR SERVICES AND SCOPE OF OUR LIMITED RESPONSIBILITY. WARNING! BY ACCEPTING THESE TERMS YOU ENTER INTO THE LEGALLY BINDING CONTRACT WITH LT. IN PARTICULAR, YOU VOLUNTARILY SUBMIT LEGAL RELATIONSHIP WITH US EXCLUSIVELY TO ARBITRATION THEREFORE EXCLUDING THE JURISDICTION OF ANY STATE COURTS OVER THESE MATTERS. IF YOU DO NOT WANT TO ACCEPT THESE TERMS, IN PARTICULAR YOU DO NOT WANT TO WAIVE YOUR RIGHT TO THE STATE COURT PLEASE REJECT THESE TERMS AND LEAVE OUR SITE IMMEDIATELY.

When using some specific features of the services or promotions, you may be requested to accept applicable additional terms and conditions. Such additional terms and conditions may supersede what is stipulated herein

SUMMARY

This summary of Terms offers you a brief overview of the key terms that apply to services. You should read the complete Terms to learn about how our services work as they apply to you and may impact your financial situation. Should you have any questions or doubts on how this Terms apply, please contact us at [email protected]

Services

We provide you with a service that enables you to participate in various online Tasks in consideration for Gems. Almost anyone can you use our services.

Tasks

Tasks may require various activities such as but not limited to: filling in surveys, playing games, participating in social challenges, creating accounts, purchasing goods or services and performing any other activity organized by any of our Partners. Please note, that we are not involved in the execution of Tasks. Should you join any Task you shall enter into separate relationship with our Partner. We do not endorse any services our Partners and we do not provide nor interfere in any contractual or factual relations you and Partner may enter. Our role is strictly limited to present you with brief overview of Tasks and credit your Account with Gems under the condition our Partner provides us with positive feedback on your successful accomplishment of Task of your choice.

Gems

In consideration for completion of any such Task you shall be rewarded with Gems which shall be credited to your Account with CashYeah. You may collect Gems for a period lasting up to 12 months on your Account, and we shall enable you to exchange Gems to various prizes. Should you not find any particular prize we may buy out your Gems in consideration for Fiat Currency or Digital Currency or other rewards as coupons, promo codes etc. We will transfer Fiat Currency or Digital Currency to the bank account, payment account or digital wallet of your choice.

Risks

In general there are not many risks related to using CashYeah. However, please read carefully the below:

Tasks are organized by third parties. We are not involved in their execution. Should such a third party terminate the Task you joined to, wind up its business prior to sending us positive feedback that you completed the task, we are not obliged to credit your Account with Gems.

Gems shall be considered as „Drawing Rights”. Gems do not constitute any form of currency or transferable property law. As such in case of our insolvency or liquidation or any other inability to settle down our commitments Gems shall not be exchangeable elsewhere.

In limited and objectively verifiable cases we may not be able to cash your Gems in particular forms. For instance in case of low liquidity of a given Digital Asset or in case of its pricing we may not be able to pay you out in given form. We will strive to notify you in advance about any such event. We may not be able to provide you with cash in particular due to limitations of Fiat Currency transfers as Bank Holidays or due to the fact that you are a resident of a country or your account is registered in a country subject to international sanctions.

Other legal provisions

Below you may read complete Terms, which regulate details of Service, your eligibility, your obligations and rights, limitations of our liability, information on complaints, disclaimers, security of your data and other which you must consider as of major importance to you. Please read them carefully and if you have any questions please submit them to us at [email protected].

DEFINITIONS

Account – your account on CashYeah, where we deposit your Gems, and where you provide your Personal Data and data for withdrawals;

Balance – balance on the Account indicating the amount of Gems acquired upon completion of Tasks;

Business Day - day when banks are open for business in Poland;

CashYeah – service provided by Operator via the Platform;

Copyrights - rights subject to intellectual property laws protection;

Digital Currency – cryptocurrency available in public trade;

Drawing Rights – non-transferable personal property rights exchangeable for rewards solely at CashYeah;

Fiat Currency - currency issued by competent bodies of internationally recognized countries;

Force Majeure - unforeseeable circumstances that prevent a party from fulfilling a contract;

Partner – a third party which organizes, maintains and assesses execution of Tasks;

Personal Data - data identifying you as our client;

Platform - an internet platform available at www.cashyeah.com, through which the Operator will provide Services to the User; 

Restricted Locations – a )the Democratic People's Republic of Korea, b) Islamic Republic of Iran, c) the Russian Federation, d) the Belarus, e) the temporarily occupied territories of Ukraine (Ukrainian: Тимчасово окупована територія України) as defined in the law enacted by the sovereign Government of Ukraine recognized by the United States of America and/or de facto territories of Ukraine temporarily uncontrolled by the sovereign Government of Ukraine recognized by the United States of America;

Service – service consisting of crediting Gems on the Account in consideration for completing Tasks by User;

Task – an online activity organized by Partner, made available on Platform to Users; 

User - a human being at least 18 years of age, with the unrestricted legal capacity or limited legal capacity, acting solely on its own behalf and for its own purposes, not being an agent, proxy, trustee or any intermediary of third parties, residing in a country which we consider as appropriate, which in particular means that you are not a resident or citizen of Restricted Locations.

CONCLUDING AGREEMENT

  1. The Agreement between you and us is concluded once you accept this Terms and Privacy Policy during the process of opening of the Account on the Platform.

  2. While opening an Account you are required to provide your basic Personal Data. In order to gain all functionalities, we may request you to provide us with more detailed data, for instance if you choose to cash out your Gems via bank wire transfer to the account held for your benefit by a licensed bank or payment institution. We may also ask you to provide more details about you in order to identify any activity we find fraudulent.

  3. We may request your detailed Personal Data for the Account verification. Refusal of providing such data may  be deemed as major breach of this Terms or may lead to freezing or suspending your Account.

ELIGIBILITY

  1. To be eligible to use CashYeah, you must be at least 18 years old, have full legal capacity and reside in a country which we consider as appropriate, which in particular means that you are not a resident or citizen of Restricted Locations. We reserve the right to request additional personal data from you and supplement documentation to confirm your identity and eligibility to use Services. 

  2. We shall not provide you Services or disable withdrawals to do so in case if we gain any knowledge that you are or could have been involved in any illegal activity. In particular we do not provide Services to persons previously banned from CashYeah.

  3. We shall also refuse to provide you with Services if we become aware that you were involved in any activity which reasonably could be harmful to us.

  4. We do not provide Services to legal persons. 

  5. Agreement with us may be concluded only directly. We do not accept opening an Account via proxy.

TECHNICAL REQUIREMENTS

  1. In order to use our Services you need a device with access to the Internet that is fully functional and can open websites smoothly. You are obliged to ensure such compatibility and by no means we shall be responsible to adapt the Service to your devices. You must also be aware that facilitating older devices and/or un-updated software like web-browsers may cause disturbances or unavailability of our Service.

  2. In case if we decide or if we need to change technical requirements of our Service we shall make available such information to you with prior notification unless it is beyond our control. Such change shall not be considered as an amendment of this Terms. 

AVAILABILITY

  1. We strive to make our services available to you on a 24/7 basis. We reserve the right to temporarily suspend or terminate the provision of some functionalities of the Platform or entire Platform due to the implementation of enhancements, maintenance or review. We shall notify you in advance about such scheduled limitations of availability of the Service.

  2. As any on-line service, the CashYeah may be subject to temporary failure or interruption. We are constantly improving our infrastructure, but such risk may materialize any time and we exercise due diligence to remove such failure in reasonable time. To the highest extent as permitted by law we shall not be liable for any loss or damage resulting from such failures.

  3. You must acknowledge that some Tasks or entire Platform may be and/or become limited or unavailable  in certain jurisdictions even without prior notification. We carry no liability nor responsibility for actions of any competent authorities who may at any time and without prior notification introduce such limitations.

ACCOUNT

  1. Once you successfully sign up to CashYeah we shall create an Account for you.

  2. You are obliged to keep your Personal Data accurate and up-to-date.

  3. You are strictly required to keep login and password to your Account confidential. We shall not be responsible for any activity on your Account if you lose them or pass to any third party. 

  4. We reserve the right to delete Accounts inactive for more than 12 months. In such cases Gems expire.

  5. You may have with CashYeah only one Account. Should you try to open another Account, providing other Personal Data, such action shall be considered as breach of this Terms. The same applies if we detect that you are a User of a banned Account with CashYeah or any other service Operator provides.

  6. We also reserve the right to suspend or delete your account and ban you if we detect that you:

    1. breach any provisions of this Terms;

    2. your activity on the chat is offensive against any other User;

    3. you use our Service in a way that could possibly harm us or our Partners or other Users;

    4. User facilitate technical enhancements to perform multiple Tasks in short period;

    5. use Service for any unlawful purpose;

    6. provide false identity;

    7. use a VPN or other service to change your IP address;

    8. provide false information for tasks found on CashYeah;

    9. disrupt the service in any way;

  1. In case if you are banned your Account shall be deleted and your Gems shall expire.

  2. Accounts are strictly personal and may not be subject to a transfer. As such they expire with your death along with Gems.

SERVICE

  1. The object of the Service is to present User information on various Tasks prepared, maintained and assessed by third parties – Cashyea’s Partners. In consideration for completing the Task CashYeah credits User’s Account with the amount of Gems as presented in the brief overview of a given Task. 

  2. By no means Service provided by CashYeah shall be understood as contract of mandate, commission agreement, labor contract, agency agreement, intermediary agreement or contract for work.

  3. CashYeah is not responsible for any tax implications related to User’s execution of Tasks, collecting Gems and provides no tax advisory in this respect. You should consult your tax advisor to learn about your fiscal obligations you may have.

TASKS

  1. Our Partners may prepare various Tasks for you, for instance – filling in surveys, enrolling in contests, engaging in online activities, playing online games, downloading software and others.

  2. For the avoidance of doubt - signing up to any Task, User’s execution of the Task is under sole control and responsibility of the Partner. 

  3. Tasks and relationship between User and Partner is outside Operator’s control or supervision. By no means the Operator shall never engage in, mediate or judge such a relationship.

  4. In order to complete some Tasks Users may be required to adhere to additional terms and conditions presented by the Partner. Operator is not a counterpart of any such agreement. Users must read carefully such terms and conditions and decide if they are acceptable. If User finds such terms and conditions or the execution of the Task for any reason unacceptable, dangerous or inconvenient User should immediately withdraw from signing up for such Task or from further participation.

  5. We choose our Partners with due diligence, and rely on their assessment on your proper admittance to and execution of the Task you chose on the Platform. On the basis of feedback received from our Partner regarding Task we shall grant you adequate for given task amount of Gems. We rely solely on information received from our Partner and hold no responsibility to you regarding our Partners’ assessment on your accomplishment of the Task.

GEMS

  1. Using CashYeah does not involve any Fiat Currency or Digital Currency. Getting rewards from CashYeah is available only by using Gems which shall be understood as Drawing Rights issued by us specifically for the purposes of redeeming rewards within CashYeah. Drawing Rights might not be used elsewhere or exchanged for any Fiat Currency or Digital Currency or other tangible or intangible rewards outside Platform.

  2. In principle, you acquire our Drawing Rights when completing Tasks. The amount assigned to the Task will constitute the amount of Drawing Rights which you will receive and what will be reflected in your positive Balance.

  3. If you have positive Balance, you may place an order to redeem Drawing Rights by using our platform. Our decision whether we agree or not to accept your redemption order is solely within our discretion. If your redemption order is accepted by us, the amount of your Drawing Rights being subject of redemption will be canceled, which will be reflected in your debited Balance. If your redemption order is accepted, we will pay you the amount in Fiat Currency or Digital Currency or other reward.

  4. At any time your Balance shall not exceed the amount of prearranged units of our Drawing Rights shown as 10,000,000 Gems. To access Balance you may be asked to provide registration details, including without limitation a payment method, a related billing address and all necessary information about the Account owner. Balance does not constitute a personal property and has no value. Balance is non-transferable to another service or person and does not accrue interest.

CHAT

  1. Registered Users may enjoy using dedicated chat to share their experiences on Tasks and using CashYeah.

  2. It is strictly prohibited to use chat for:

    1. Any for of harassment;

    2. Trolling;

    3. Wide Spreading defamatory information;

    4. Sharing any illegal content including related to infringement of any intellectual property rights;

    5. Advertising;

    6. Any unlawful purpose;

    7. Against the best interest of CashYeah or CashYeah’s Partners.

  1. In case of violation of any of the above, we reserve the right to ban User from CashYeah.

WITHDRAWALS

  1. You may exchange Gems into Rewards, Fiat Currency or Digital Currency.

  2. The exchange ratio shall be made available to you on your Account.

  3. We reserve the right to adjust the exchange ratio at any time and in our sole discretion upon prior notification to you.

  4. Some rewards require providing an email address for the dispatch, however in case of withdrawals in Fiat Currency or Digital Currency you shall be required to provide relevant wire transfer data of banking or payment account for Fiat Currency or your digital wallet address for  Digital Currency. 

  5. You may withdraw Fiat Currency or Digital Currency solely to the banking or payment account or to the digital wallet that is your personal and lawful property. We may require you to provide proof of ownership of such an account or wallet and freeze your Account until you fully comply with such request.

  6. We shall strive to process your withdrawals within 30 Business Days.

ACKNOWLEDGEMENTS

  1. You assume full responsibility for any such risk to exchanging on CashYeah. 

  2. CashYeah shall not be responsible for any such risks and adverse consequences. In particular this applies to any risk arising from entering into a relationship with Partner.

  3. You are responsible for following your local legal obligations and requirements. We shall not be liable for any loss or damage resulting from your failure to comply with any such regulations.

  4. We have the right to investigate any alleged violation of these Terms, binding us laws and regulations and to take actions we deem necessary without your consent or prior notice. In particular we have the right to: 

    1. freeze your Account;

    2. delete your Account;

    3. ban you from any Operator’s service for a specified or indefinite period.

PROHIBITIONS

In connection with our Services you are strictly prohibited to:

  1. use our Services in order the place proceeds from any illegal activity, 

  2. transact or deal in, any contraband,

  3. use Services against or to circumvent any Laws, including AML/CFT, anti-corruption laws,  economic sanction,

  4. use Services to evade taxes,

  5. make any arrangements to trade, obtain financing or otherwise transact via our Services with anything, and in particular Fiat Currencies, keys, property, real property, financial instruments of any nature, electronic money and services,

  6. use any falsified or misleading data,

  7. take advantage of any shortcomings in our Platform,

  8. use any virtual private network, proxy service, or any other service, network, or product in order to disguise your identity, IP address or location,

  9. post, submit, publish, display, or transmit any data which may be objectively interpreted as offensive or against local customs,

  10. violate or avoid any of the provisions in this Terms.

INTELLECTUAL PROPERTY

  1. All copyright and other intellectual property rights provided in connection with the Services, are the proprietary property of Operator or our licensors and are protected by Polish law and applicable international intellectual property rights laws.

  2. We grant you a limited, nonexclusive and non-sublicensable license to access and use our intellectual property solely for your personal use. The license granted does not permit you to and sale, distribution, display, modification, copying, creating derivatives of our intellectual property. The license shall terminate as of the date of termination of agreement between you and us.

CLAIMS

  1. You should send us complaints and disputes as soon as you become aware of them, maximum within 3 Business days of the date of the discovery at: [email protected]. 

  2. The complaint must contain following details:

    1. identification data,

    2. description of the occurrence subject to the complaint

    3. Your demand.

  3. We shall put reasonable efforts to investigate your complaint as soon as possible no later than within 24 hours from the date of complaint submission.

  4. In complicated cases we may prolong the 30 days period until 60 days from the date of the submission. 

TERM AND TERMINATION

  1. The agreement between you and us shall be concluded for an indefinite period of Time. 

  2. In case if we disclose that you are in breach of any provision of this Terms we may terminate the agreement with immediate effect as of the date of dispatch to you the termination notice.

  3. We may immediately terminate agreement before you commence with withdrawal if a Force Majeure Event has occurred.

  4. You may terminate this agreement at any time by sending us notice to [email protected]. You must process the withdrawal prior to sending us termination notice as all your Gems shall be deleted along with Account.

DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS”- AND “AS AVAILABLE” BASIS, WITHOUT ANY KIND OF WARRANTIES. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND ACCEPT THAT WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, IMMEDIATE, SECURE, AND/OR ERROR-FREE.

YOU ACKNOWLEDGE THAT YOUR DATA AND INFORMATION PROVIDED BY YOU MAY BECOME LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING FAILURES, CHANGES BY THIRD PARTY PROVIDERS, OUTAGES, FORCE MAJEURE OR OTHER DISASTERS INCLUDING THIRD PARTIES ILLEGAL ACTIVITY, MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT BETWEEN US EXCEED THE TOTAL AMOUNT PAID BY YOU  HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. 

INDEMNITY

  1. You shall indemnify us and our officers, employees, contractors, directors, affiliates, subsidiaries, shareholders and successors, and hold them harmless from and against all third-party claims except those resulting solely from our breach of the Terms. 

  2. We shall indemnify and hold harmless you against all third-party claims except those resulting solely from your breach of the Terms.

YOUR DATA AND PRIVACY

  1. The basic access to the CashYeah does not require provision of Personal Data.

  2. The information we may collect from you for further processing is your email address and data necessary for making withdrawals.

  3. You may voluntarily disclose your additional Personal Data by contacting us for instance by writing emails to us with your personal data.

  4. We will put all reasonable efforts to keep all your data confidential.

  5. Under limited circumstances, we may disclose your personal data you voluntarily provided to us to third parties as permitted by, or required to comply with, applicable laws, rules and/or regulations in the jurisdiction of which you are a citizen or a permanent resident and in order to comply with laws of the Republic of Poland. For example, we may disclose personal information to cooperate with regulatory authorities and law enforcement agencies to comply with subpoenas or other official requests, and as necessary to protect our rights or property. Except as described herein, we will not use your Personal Data for any other purpose, unless we describe how such information will be used at the time you disclose it to us, or we obtain your permission.

  6. Your emails, internet conversations (chat), meetings and other communications with us may be recorded/maintained by us for security purposes, compliance with the applicable laws and regulation. You may request to delete such correspondence and we shall follow such instruction to the extent as permitted by law. If you don’t want to be recorded you must terminate the agreement between you and us. 

  7. We use shall use your personal data for the purpose of: 

    1. Communication;

    2. to investigate your complaints or queries;

    3. to follow our legal obligations;

    4. for the purpose of safeguarding our legitimate interest. 

    5. The exhaustive information on how we use your personal data can be found in our Privacy Policy available at CashYeah.

FINAL PROVISIONS

  1. Nothing in these Terms should be understood by you as legal, tax or advisory. Should you require any assistance regarding legal aspects and/or effectiveness you should contact your professional advisor.

  2. We do not provide any advisory and you must not regard us as acting in that capacity. Some tools and information made available to you should be considered as decision supporting tools only. You should consult your professional advisors before entering into any Task if you think you are not able to assess if it corresponds to your needs or capacity. 

  3. Any communication between you and us shall be made via emails. It is your responsibility to maintain such an email address operative.  

  4. You may not assign or transfer any of your rights under this Terms. 

  5. Headings of sections in this Terms are informative only and are intended to help you to navigate this document. 

  6. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.