These Referral Programme Terms and Conditions (the "Terms") govern the participation of Referrers in the referral programme offered by CiNKO.
CiNKO offers a referral programme to incentivize existing customers to refer new users to its Products and Services (the "CiNKO Referral Programme"/ the “Programme”). Through the Programme, both existing customers and new users receive benefits through participation.
The Referrer desires to participate in the CiNKO Referral Programme and agrees to abide by the terms and conditions outlined herein.
By participating in the CiNKO Referral Programme, the Referrer, and the Referee, agree to be bound by these Terms and all applicable policies and guidelines from the date of acceptance (the “Effective Date”).
“Contract Year” means a period of one year starting on the Effective Date or the relevant anniversary of the Effective Date (as appropriate).
“CiNKO Mobile Wallet Account” This balance represents the funds that the customer has deposited into the wallet or received through various transactions such as payments, transfers, or refunds. It serves as the available funds that the customer can use to make purchases, send money to others, or perform other financial transactions within the digital wallet ecosystem.
“CiNKO Account” means a valid user account on the CiNKO Mobile App. More information is available at https://www.cinko.io/ .
“CiNKO Handle” means the distinct username/handle given to Referrers to be used in conjunction with, or as an alternative to, the Referrer’s Customised URL to corelate Valid Referrals and Top-Up Transactions submitted by the Referrer to their CiNKO Account. As additional context, this handle typically starts with an '@', followed by the Referrer's username after it has been allocated by CiNKO.
“Customised URL” means the unique URL provided to Referrers in the Programme for use by the Referrer in order to correlate Valid Referrals and Top-Up Transactions submitted by the Referrer to their CiNKO Account.
“Fee Assessment Date” means the last day of the Fee Assessment Period, subject to Clause 12.5.
“Fee Assessment Period” means the weekly period for which all Valid Referrals and Top-Up Transactions per Referrer will be calculated for payment purposes, subject to Clause 12.5.
“Fraudulent Behaviour/Activity” means any intentional act or omission carried out by a CiNKO User, Referrer, or Referee to deceive or manipulate CiNKO's systems, services, or promotional programs (including the Referral Programme) for personal gain.
"Incentives" refers to the promotional benefits accessible to Referees who comply with the Terms set out herein.
"Incentive Payments” has the meaning given in Clause 11.6 which includes a description of “Referee Incentive” as well as “Top-Up Incentive”.
“Ineligible Referrers” means government-controlled entities and any of their employees; political parties and candidates; and agents, contractors.
“Ineligible Referrals” means government-controlled entities and any of their employees; educational institutions; political parties and candidates.
“Minimum Top-Up Transaction Amount” refers to a single transaction valued at a minimum of $20.00 (Equivalent to twenty United States dollars and zero cents).
“Privacy Policy” means the privacy policy located at https://www.cinko.io/privacy-policy.
“Referee” means an individual who has been referred to CiNKO’s Products and Services by an existing customer through use of the Referrer’s Customised URL and/or CiNKO Handle.
“Referral Fees” has the meaning given in Clause 11.1 which includes a description of “Valid Referral Fees” as well as “Top-Up Transaction Fees”.
“Referrer” means an existing customer of CiNKO who has agreed to participate in the CiNKO Referral Programme by referring potential new customers to CiNKO’s Products and Services according to the Terms set out herein.
“Products and Services” means the Products and Services generally provided by CiNKO, as well as CiNKO’s Digital Wallet services further described at https://www.cinko.io/ as such URL and/or Products and Services description may be updated by CiNKO from time to time. CiNKO’s Digital Wallet Terms and Conditions, available at the link provided, are expressly incorporated into these Terms and applicable to the Programme.
“Term” has the meaning given in Clause 12.1.
“Top-Up Transaction” refers to an initial increase in the balance of the Referee's CiNKO Wallet Account, whether loaded by the Referee themselves or an external third party, provided the third party is not an existing customer of CiNKO. This single transaction must be equal to or exceed the Minimum Top-Up Transaction Amount to qualify.
“Valid Referral”/ “Valid Referee” means a Referee who, for the first time, creates a user account on the CiNKO Mobile Application (the “CiNKO App”) by successfully completing the CiNKO Know Your Customer verification procedure (“KYC”), and the referral can be successfully correlated to a Referrer’s profile via the Referrer’s Customised URL/CiNKO Handle.
To qualify to participate in the CiNKO Referral Programme, a Referrer must have an active CiNKO Account, must not be an Ineligible Referrer, and is permitted to maintain only one CiNKO User Account. Any Referrer found to have created or maintained multiple CiNKO User Accounts will be deemed ineligible for the Referral Programme and may, amongst others, face account suspension in accordance with the CiNKO Digital Wallet Terms and Conditions
The Referrer may only promote and market the Products and Services, in compliance with these Terms. The Referrer may not promote or market the Products and Products and Services to Ineligible Referrals.
Subject always to these Terms, CiNKO will provide the Referrer with, (a) a Customised URL and/or a CiNKO Handle; and (b) Incentives to promote. The Referrer will block or prevent distribution of the Customised URL and/or a CiNKO Handle to any persons as CiNKO may instruct at its sole discretion. Application of any Incentives will be subject to these Terms and may be subject to additional terms and conditions as specified by CiNKO from time to time. The Referrer will clearly and conspicuously inform and/or provide and/or display any terms and conditions applicable to the Incentives whenever it promotes the Incentives.
5.1 Marketing Materials. All marketing materials (including without limitation the text of email distributions, if any) must be (a) strictly consistent with any Programme instructions specified by CiNKO and (b) compliant with these Terms and all applicable laws and regulations, including but not limited to those relating to marketing, privacy and data protection. It is the Referrer’s responsibility to ensure that all email marketing is compliant with applicable laws and regulations.
5.2 No Deceptive Practices or Misleading Statements. The Referrer will not: (a) engage in any deceptive trade practices or make any unauthorised, false, misleading or illegal statements in connection with these Terms or regarding the Products and Services; or (b) purport to give any representation or warranty binding on CiNKO in relation to the Products and Services or any other products and/or services provided by CiNKO. The Referrer shall have no authority, and shall not hold itself out, or permit any person to hold itself out, as being authorised to bind CiNKO in any way, and shall not carry out any act which might reasonably create the impression that the Referrer is so authorised.
The Referrer will comply with all applicable commercial and public anti-bribery laws (“Anti-bribery Laws”), which prohibit corrupt offers of anything of value, either directly or indirectly, to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage. “Government officials” include any government employee; candidate for public office and employee of government-owned or government-controlled companies, public international organisations and political parties. If the Referrer becomes aware of suspicious, illegal or fraudulent activity occurring in relation to these Terms, the Referrer will report the suspicious or fraudulent activity to CiNKO as soon as possible via https://help.cinko.io/en.
The Referrer will not send, post, transmit or otherwise use CiNKO’s name or any CiNKO-provided content or Products and Services, including the Customised URL, CiNKO Handle and the Products and Services, in connection with anything (including any material or sites) that: (a) generates or facilitates unsolicited bulk commercial emails; (b) violates or encourages the violation of the legal rights of others; (c) is unlawful, invasive, infringing, defamatory or fraudulent; or (d) contains obscene or pornographic content.
CiNKO will use any personal data provided by the Referrer, and the Valid Referree in connection with the Programme (“Personal Data”): (a) to administer the Programme; and (b) to the extent that Personal Data provided is used in connection with payment of any Referral Fees or Incentive Payments under these Terms, for purposes of accounting, record-keeping and dispute resolution for a period of ten (10) years following the date of payment. Subject to the foregoing, CiNKO’s Privacy Policy will apply to Referrer and Valid Referee’s Personal Data.
CiNKO may, at any time and at its sole discretion, change the following by written notice to the Referrer (notice via PUSH, email, or via in-app messaging (intercom) will be permitted): (a) these Terms; (b) the amount of or method of calculating Referral Fees; (c) the requirements for Valid Referrals or Top-Up Transactions; or (d) the Customised URL and/or CiNKO Handle, Incentives and/or Incentive Terms. If CiNKO notifies the Referrer of an updated Customised URL and/or CiNKO Handle, updated Incentives and/or updated Incentive Terms, the Referrer agrees that it will begin using, and will be subject to, such updated URL or CiNKO Handle, Incentives or Terms no later than 30 days after being notified of them. If CiNKO notifies the Referrer of a change in the amount of or method of calculating the Referral Fees, or of any changed requirements for Valid Referrals or Top-Up Transactions (including by introduction of, or change to, any Programme Guide), such changes will only apply in relation to Valid Referrals submitted and Top-Up Transactions completed after the notice date (and any Referral Fees related to such referrals and transactions).
Each party will own all right, title and interest to that party’s name, trade names, trademarks, service marks, logos and domain names (“Brand Feature(s)”). Subject to these Terms, CiNKO grants to the Referrer a non-exclusive, non-sub-licensable licence to display CiNKO’s Brand Features during the Term: (a) only to the extent that Brand Features are provided by CiNKO for use with the Programme; and (b) solely for the purpose of promoting the Products and Services and the Programme. CiNKO Brand Features must not be used in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any Person, or that violates any applicable Law. CiNKO may revoke the licence granted under this clause at any time, effective immediately, at its sole discretion, by written notice to the Referrer (notice via PUSH, email, or via in-app messaging (intercom) will be permitted). Subject to these Terms, the Referrer grants CiNKO a non-exclusive and non-sub-licensable licence to display the Referrer’s Brand Features during the Term solely for the purpose of marketing the Programme or as otherwise mutually agreed upon (including via email or in-app messaging (intercom)).
11.1 Referral Fees. Subject to the Referrer’s compliance to these Terms, and to the remainder of this Clause 11, CiNKO will pay the Referrer a referral fee consisting of $1.00 (Equivalent to one United States dollar and zero cents) per every Valid Referral completed during the Fee Assessment Period (the “Valid Referral Fee”). CiNKO will pay the Referrer a further referral fee in the amount of $4.00 (Equivalent to four United States dollars and zero cents) for every Top-up Transaction completed by a Valid Referral during the Fee Assessment Period (the “Top-up Transaction Fee”) (collectively, “the Referral Fees”).
11.2 Number of Valid Referrals. To determine the total number of Valid Referrals for the purposes of Clause 11.1, CiNKO will use the sum total number of Valid Referral completed during the Fee Assessment Period on the Fee Assessment Date.
11.3 Number of Top-Up Transactions. To determine the total number of Top-Up Transactions for the purposes of Clause 11.1, CiNKO will, on the Fee Assessment Date, use the number of Valid Referrals who have successfully completed a Top-Up Transaction. The funds from the Top-Up Transaction are required to have cleared into the Referee's CiNKO Wallet Account before the Fee Assessment Date in order for the Referrer to be eligible for payment of the Top-Up Transaction Fee for that period.
11.4 Requirements and Exclusion for Referral Fees. No Referral Fees will be payable in relation to any referrals that do not qualify as “Valid Referrals” or any transactions that do not qualify as “Top-Up Transactions” completed within the Term.
11.5 Payment Process for Referral Fees. In order to participate in the Programme, all Referrers are required to be existing customers of CiNKO. CiNKO will, on a weekly basis, load the sum total of Referral Fees due to a Referrer, for a Fee Assessment Period, into the Referrer’s CiNKO Mobile Wallet account. Details of the Valid Referrals, Top-Up Transactions, and calculation of the Referral Fees in relation thereto, can be requested via https://help.cinko.io/en.
11.6 Incentive Payments. Subject to the Referee’s compliance to these Terms, and to the remainder of this Clause 11, CiNKO will pay the Referee a once off incentive of $1.00 (Equivalent to one United States dollar and zero cents) for qualifying as a Valid Referral (the “Referee Incentive”). CiNKO will pay the Referee a further once off incentive in the amount of $4.00 (Equivalent to four United States dollars and zero cents) upon completion of a Top-up Transaction (the “Top-up Incentive”) (collectively, “the Incentive Payments”).
11.7 Payment Process for Incentive Payments. CiNKO will, within a week of qualifying for the Incentive Payments, load the value of the Incentive Payments due to a Referee, into the Referee’s CiNKO Mobile Wallet Account. Details of the Incentives, and calculation of the Incentive Payments in relation thereto, can be requested via https://help.cinko.io/en.
11.8 Requirements and Exclusion for Incentive Payments. No Incentive Payments will be payable in relation to any referees that do not qualify as “Valid Referees” or any transactions that do not qualify as “Top-Up Transactions”. A Referee’s entitlement to Incentive Payments is limited to the sum total of the Referee Incentive and the Top-Up Incentive.
11.9 Tax. All amounts stated in these Terms are exclusive of VAT. Any VAT properly chargeable will only be paid upon receipt of a valid VAT invoice.
12.1 Term. These Terms will commence on the Effective Date and remain in effect until terminated by CiNKO or the Referrer as provided herein (the “Term”).
12.2 Termination for Convenience. CiNKO or the Referrer may terminate these Terms immediately upon written notice to the other party (notice via PUSH, email, or via in-app messaging (intercom) will be permitted).
12.3 Termination for Cause. CiNKO or the Referrer may terminate these Terms immediately upon written notice (notice via PUSH, email, or via in-app messaging (intercom) will be permitted) to the other party if the other party is in material breach of these Terms and (a) fails to remedy the breach within 7 days of being notified of the breach, or (b) the breach is incapable of remedy. Fraudulent Behaviour, as defined in these Terms, will be considered a material breach that is incapable of remedy.
12.4 Effects of Termination. Subject to Clause 12.5, termination by CiNKO or the Referrer under Clause 12.2 or by the Referrer under Clause 12.3 will not relieve CiNKO of its obligation to pay:
(a) any Referral Fees already due for payment as of the termination effective date (i.e. as a result of a Valid Referral or a Top-Up Transaction completed prior to the termination effective date and a corresponding Fee Assessment Period that has expired prior to such date); or
(b) any Referral Fees not yet due for payment as of the termination date (i.e. as a result of a Fee Assessment Period not yet expired as of the termination effective date) but related to a Valid Referral and/or a Top-Up Transaction completed prior to the termination effective date.
For clarity, and without prejudice to any other rights or remedies of CiNKO, if CiNKO terminates these Terms due to material breach by the Referrer, the Referrer forfeits any right to any then-unpaid Referral Fees relating to any Valid Referrals and/or any Top-Up Transactions completed prior to the termination effective date. On termination of these Terms for any reason, all licences and rights granted will terminate, and each of CiNKO and the Referrer will cease all use of the other party’s Brand Features.
12.5 Fee Assessment Period and Date after Termination. To calculate the amount of any Referral Fees payable under Clause 12.4(b), the Fee Assessment Period will be deemed to end on, and the Fee Assessment Date will be deemed to be, the 7th day after the effective date of the termination, notwithstanding any terms herein providing otherwise.
13.1 Prohibited Activities. Referrers and Referees are strictly prohibited from engaging in any fraudulent behaviour or misuse of the CiNKO Referral Programme. This includes, but is not limited to:
(a) the creation of multiple CiNKO User Accounts by a single individual or entity for the purpose of self-referrals, obtaining referral rewards through ineligible or fake accounts, or any other attempt to defraud the Referral Programme.
(b) referring individuals who do not meet the eligibility criteria or creating fake or fraudulent CiNKO User Accounts with the intent of earning referral benefits.
(c) all CiNKO Users must adhere to the rules regarding the correct and appropriate use of CiNKO User Accounts as outlined in the CiNKO Digital Wallet Terms and Conditions. Failure to comply with these rules will be considered a violation of both the Referral Programme Terms and the CiNKO Digital Wallet Terms and may result in account suspension and further action.
13.2 Suspension of Accounts Linked to Fraudulent Activity. Any CiNKO User Account confirmed or suspected to be linked to fraudulent activities or behaviour, including multiple account creation or misuse of the Referral Programme, will have all related accounts immediately suspended. This suspension will apply to all linked accounts, whether directly or indirectly connected to the suspected activity.
13.3 Freezing and Forfeiture of Funds. Upon the suspension of a CiNKO User Account due to suspected or confirmed fraudulent activity, all funds in the suspended accounts will be frozen pending a thorough investigation. If the investigation confirms fraud or misuse, CiNKO reserves the right to forfeit any funds remaining in the affected accounts as a consequence of violating these Terms and Conditions as well as the CiNKO Digital Wallet Terms and Conditions. CiNKO is not liable to release any frozen funds if such funds were obtained through fraudulent or illegitimate means.
13.4 Investigation and Liability for Costs. CiNKO Users engaged in fraudulent behaviour may, without prejudice to any other of CiNKO’s rights, be held liable for all costs incurred by CiNKO in relation to the creation, verification, investigation, and resolution of the fraud. These costs may include but are not limited to: (a) the administrative costs associated with setting up multiple accounts and conducting KYC (Know Your Customer) processes; (b)The costs of identifying, investigating, and resolving fraudulent activity, including the costs of any external parties or legal actions undertaken.
13.5 Reporting of Fraudulent Activity. CiNKO reserves the right to report any suspected or confirmed fraudulent activity, together with any preliminary investigation findings, to the relevant legal or regulatory authorities. In cases of significant fraud, CiNKO may cooperate with law enforcement or regulatory bodies as part of the investigation and resolution process.
13.6 Termination of Referral Programme Benefits. Any CiNKO User Account found to have engaged in fraudulent activity will have their Referral Programme benefits immediately revoked, including the cancellation of any pending or future referral rewards.
13.7 Appeals Process. CiNKO Users whose accounts have been suspended for suspected fraud may contact CiNKO within 14 days of the suspension to appeal the decision. CiNKO will review the appeal and may request additional documentation or information as part of the process. If the user fails to provide sufficient evidence, CiNKO reserves the right to maintain the suspension and forfeit the funds.
In the event of termination of these Terms, Clauses 12.4, 12.5, 13, 16, 17 and 18 shall survive.
15.1 Each party warrants that it will use reasonable care and skill in fulfilling its obligations hereunder.
15.2 The Referrer warrants that: (a) it meets the prerequisites for Referrers set out in Clause 2 of these Terms; (b) its employment contract (if applicable) does not restrict it from participating in the Programme and it is not otherwise restricted (including by any other contract binding the Referrer) from participating in the Programme or submitting any potential Referees hereunder; (c) it will not knowingly, or in bad faith, submit any Ineligible Referrals to CiNKO in connection with these Terms; (d) its conduct related to these Terms will comply with all applicable laws and regulations; and (e) any of its websites, Brand Features and marketing materials used in connection with the Programme will, subject to Clause 10, comply with all applicable laws and regulations and not infringe any intellectual property rights, privacy rights or data protection rights of third parties.
15.3 CiNKO warrants that its Brand Features will, subject to Clause 10, not infringe any intellectual property rights of any third parties.
No conditions, warranties or other terms apply to the Programme, the Products and Services or payments supplied or made by CiNKO under these Terms unless expressly set out in these Terms. For clarity, no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
17.1 Nothing in these Terms shall exclude or limit CiNKO’s or the Referrer’s liability for: (a) death or personal injury resulting from the negligence of either party or their servants, agents or employees; (b) fraud or fraudulent misrepresentation; (c) breach of any implied condition as to title or quiet enjoyment; or (d) any matters that cannot be limited or excluded under applicable law.
17.2 Subject to Clause 17.1, neither CiNKO nor the Referrer shall be liable under these Terms (whether in contract, tort (including negligence) or otherwise) for any of the following losses suffered or incurred by the other party (whether or not such losses were contemplated by the parties as of the Effective Date):
(a) loss of actual or anticipated profits (including loss of profits on contracts);
(b) loss of anticipated savings;
(c) loss of business opportunity;
(d) loss of reputation or damage to goodwill; and
(e) special, indirect or consequential losses.
17.3 Subject to Clauses 17.1 and 17.2, each of CiNKO’s and the Referrer’s liability under these Terms (whether in contract, tort (including negligence) or otherwise) for all causes of action arising in any Contract Year shall be limited to the amount paid by CiNKO to the Referrer in such Contract Year.
18.1 Notices. Notices of any nature, including notice of termination or breach, must be in English, in writing and addressed to the other party’s primary contact (notice via PUSH (mass or individually), email (mass or individually), or on a case-by-case basis via in-app messaging (intercom) will be permitted). Notice will be treated as given on receipt, as verified by written or automated receipt, or by electronic log (as applicable).
18.2 Assignment; Sub-contracting. The Referrer may not assign its rights or sub-contract its obligations under these Terms, in whole or in part, and any attempt to do so will be null and void. CiNKO may not assign any part of these Terms without the written consent of the Referrer, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by these Terms; and (b) CiNKO has notified the Referrer of the assignment. CiNKO may sub-contract any of its obligations under these Terms, but will remain liable for all sub-contracted obligations and its sub-contractors’ acts or omissions.
18.4 Force Majeure. No party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
18.5 No Waiver. No party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms.
18. 6. No Agency. These Terms establish no agency, partnership, or joint venture between the parties herein in any manner whatsoever. Specifically, these Terms do not create an employment relationship of any kind.
18.7 No Third-party Beneficiaries. These Terms does not confer any benefits on any third party unless it expressly states that it does.
18.8 Amendments. Except to the extent provided otherwise in these Terms, any amendment must be in writing, signed by CiNKO and the Referrer, and expressly state that it is amending these Terms.
18.9 Entire Terms. Subject to Clause 16.1(b), these Terms sets out all terms agreed to by CiNKO and the Referrer and supersedes all other Terms between or amongst them relating to its subject matter. In accepting these Terms, no party has relied on, and no party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in these Terms.
18.10 Severability. If any clause (or part of a clause) of these Terms is invalid, illegal or unenforceable, the rest of the Terms will remain in effect.
18.11 Conflicting Languages. If these Terms are translated into any other language and there is a discrepancy between the English text and the translated text, the English text will govern.
