Terms and Conditions

This Agreement (as may be amended from time to time)explains the terms and conditions which apply to you when you sign up and to use the Lynk application. By accessing the Lynk application, registering an Account, using any Service or taking action to indicate your acceptance of these terms, you:(1) agree to be bound by this Agreement and any future changes to thisAgreement which will be reflected on the website for the Provider or in the Lynk application; (2) represent that you are at least 18 years old; and (3)represent that you have the authority to enter into this Agreement (whether or not on your own behalf or on behalf of any other individual or person). You should not use the Lynk application or the Service if you do not agree to be bound by the terms of this Agreement.

This Agreement takes effect immediately upon your signing up for the Lynk application.

1. Definitions

Account means your Jam-Dex Account and/or your Lynk Account as the context requires.

Jam-Dex
means the central bank digital currency, the digital legal tender in Jamaica, whatsoever named.

Jam-Dex Account
means the virtual transactional account which is an electronic stored value account created for use in transactions involving Jam-Dex, which is primarily accessed via a mobile phone.

Lynk Account
means the virtual transactional account which is an electronic stored value account created for use by registered users of the Lynk application involving traditional legal tender, which is primarily accessed via a mobile phone.

Lynk application
means the mobile wallet service offered by the Provider which facilitates the supply and use of the Service.

Lynk application user
means the user of the Lynk application and the Service.

Provider
means TBOB (2021) Limited or any other company or companies that provide the Service.

Service
means the financial services using mobile technology and includes money transfers to or from Third Parties, bill payments, credit and debit to and from bank accounts, other mobile wallets and between your Lynk Account and your Jam-Dex Account, storing virtual representations of third party credit and debit cards on your supported wireless mobile device to make contactless payments at select merchants utilising the merchant’s contactless terminal or in-app or other digital commerce payments at participating merchants and means any and all services and features provided by the Provider from time to time accessed by or facilitated through the Lynk application.

Sign up information
means the information about the Lynk application user that you enter when signing up on the Lynk application.

Third Party
means any party who accesses or has the benefit of the Service, including registered users, merchants and bill payees.

you, yours, we refer to the person who has signed up for the Lynk application and will be bound by the provisions of this Agreement.

2. Signing Up To Lynk

When you sign up for the Lynk application, you agree to provide only true, accurate, current and complete Sign up information and to update the information after any change. You also agree to the sign-up conditions set out in Schedule 1.

3. Using Lynk

Each Lynk application user, upon completion of registration and in continuing to use the Lynk application, agrees to be registered for one Lynk account and one Jam-Dex account. You can, at any time, ask to have the Jam-Dex account removed by contacting Customer Care.

While the Provider will make every reasonable attempt to provide the Service in accordance with its marketing and educational materials, you acknowledge that the Service is being made available to you “as is” and without any warranties.

No Service performed on your Account can be cancelled or reversed.

You should not perform any Service which would result in your exceeding the per transaction or daily limits set by the Provider from time to time. The Provider reserves the right not to process any transactions which would result in your exceeding any applicable limits. The Provider may vary the limits from time to time without notice to you.

The Provider has the right at any time for any reason to remove any username that you may create in the Lynk application. You acknowledge and agree that you have no rights to the Account other than a non exclusive licence to use the Lynk application for purposes related to the Service, and acknowledge that the licence ends when this Agreement terminates.

The provisions of this Agreement shall not affect the provisions of any agreement between the Lynk application user and any third party which governs the use of any debit or credit cards linked to the Account. Your use of the Lynk application and the Service is also governed by any terms of use that apply to applications that are downloaded from the Apple Store or Google Play.

4. Upgrades

From time to time, the Provider may need to change or upgrade the Lynk application, which may have the effect of changing the system requirements for Lynk users. By accepting the terms of this Agreement, you agree to the automatic updating but acknowledge that you are not entitled to receive future updates, new versions or enhancements to the Service.

5. Ownership

All title, ownership and intellectual property rights in the Lynk application, including the content, belong to the Provider and/or its licensors.

6. No Illegal Use

You agree not to use the Lynk Application and your Account for illegal or fraudulent purposes, or any other purposes which are not permitted under this license to use the Lynk application.

You consent to the Provider carrying out identity and fraud prevention checks and sharing information relating to this application with any fraud prevention, law enforcement or security agency.

7. Data Privacy and Information Sharing

Privacy issues, including the security and confidentiality of personal information disclosed on or through the Lynk application, are taken very seriously by the Provider and will be kept confidential subject to any requirement under law to disclose the information or where required for the purpose of maintaining your Account or execute promotional activities. You further acknowledge and agree that your information may be shared with other companies in the NCB Financial Group (including for marketing purposes) as well as with third parties engaged by or on behalf of the Provider where such disclosure is necessary or desirable in order to provide or continue to offer the Service to You or to conduct its business.

8. Security

You agree to monitor your Account and you will be held responsible for all transactions that take place on your Account.

You are responsible for keeping your mobile device, your PIN and the application credentials private and secure from unauthorised use. If you share your credentials with any other person, they may be able to use your mobile device and get access to your Lynk account. The Provider is not responsible for the use of your PIN, password or any security mechanism which has been implemented by the Provider and, unless it results from the Provider’s negligence or fault, the Provider will not be responsible for any transaction which is performed using your username and/or pin, password or other security mechanism. You should contact the Provider immediately via 1-876-361-3821 or the channels listed on our website https://www.lynk.us if you believe your wireless mobile device or authentication credentials have been lost, stolen or compromised in any way or an unauthorised person has used or may use your credentials without your authorisation

9. Electronic Communication

You consent to receiving communication from the Provider in an electronic form and agree that all terms and conditions, notices, disclosures and other communications that the Provider sends to you electronically will have the same legal effect as if they were sent in writing.

Notices to you shall be sent to you via SMS, In-App Push Notification and or email.

10. Liability

You understand and agree that your use of the Lynk application and the Service is at your own risk and they are provided on a “as is” and “as available” basis with all faults. To the fullest extent permitted by law, the Provider disclaims all warranties, representations and conditions of any kind, whether express or implied. The Provider makes no warranty that your use of the Lynk application will be uninterrupted, timely, secure or error free.

In no event shall the Provider be liable for any loss of profits or revenue, or any indirect, incidental, exemplary, special or consequential damages or loss that you may suffer from using the Lynk application. In addition, the Provider is not responsible for any loss that you may suffer as a result of any failure, malfunction, or delay in any third party equipment, mobile phone network, mobile phones, the internet or terminals or any of its supporting or shared networks or any errors you make in performing a transaction while using the Service.

11. General

You acknowledge and agree that this Agreement will be regarded as having been entered into in Jamaica and any breach of this Agreement will be considered as having taken place in Jamaica.

The Provider may assign its rights under this Agreement to any person without your consent.

This Agreement is governed by the laws of Jamaica and is subject to the exclusive jurisdiction of the courts of Jamaica.

12. Account Closure

The Provider shall have the right to close your Account for any reason at any time including for the purpose of or to facilitate complying with any applicable law or regulation.

13. Questions

If you have any questions, disputes, or complaints about the use of the Lynk application or your Account, please visit the Provider’s website or contact Customer Care.

Schedule

Sign-Up Conditions

In order to sign up to use the Services, you must:

  • Be at least 18 years old

  • Be a Jamaican resident

  • Provide the requisite Know your Customer information as is requested by the Provider

For the purposes of these Terms and Conditions, “Lynk” refers both to the Lynk app and the company that owns and offers the App. A “user” refers to a customer that downloaded the Lynk app, created a Lynk account and verified his/her identify to become active.

This promotion applies to purchases of at least $500 made with the Lynk App. Purchases must be made only from onboarded merchants (see list of merchants on www.lynk.us/our-partners) who have active Lynk accounts and have been onboarded by Lynk. Persons affiliated with Lynk (employees of Lynk company and its affiliates) are not eligible to benefit from the moneyback programme. Users who spend at least $500 dollars purchasing goods and/or services from listed Lynk merchants will benefit from a $200 moneyback during the promotional period. Only one moneyback will be awarded per day for the first eligible purchase made between 12:00 AM to 11:59 PM during every day of the promotion. Moneyback awards are only eligible for users who have an active Lynk account. Moneyback rewards are not transferable and will be redeemed via the user’s Lynk account from a single prize code that will be emailed to successful users. Email will be sent to the email address that users provided when signing up for Lynk. Prize codes will be emailed weekly. Qualifying users will receive prize codes up to 2 weeks after qualifying for the moneyback reward.

Lynk reserves the right not to offer moneyback rewards if a user cancels or returns an eligible purchase or in any circumstance where a merchant reverses a transaction or returns or transfers any part of the purchase price to a user. Purchases made after the promotional period will not be eligible for rewards.

Lynk does not provide, endorse or guarantee any third-party or merchant product or service.

To the extent permitted by applicable law, Lynk’s liability under or in connection with the moneyback programme shall be limited to the value of any disputed reward. Under no circumstances will Lynk be liable under the moneyback programme for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the user and Lynk and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.

All title, ownership and intellectual property rights in the Lynk application, including the content, belong to the Provider and/or its licensors.

Lynk reserves the right in its sole discretion, without notice, to cancel, terminate, modify or suspend the moneyback programme or any of its terms and conditions.

For the purposes of these Terms and Conditions, “Lynk” refers both to the Lynk app and the company that owns and offers the App (also called the “Provider”). A “user” refers to a customer that downloaded the Lynk app, created a Lynk account and verified his/her identify to become active.

This Double Up promotion applies to top up purchases of up to $500 JMD made with the Lynk App. Persons affiliated with Lynk (employees of Lynk company and its affiliates) are not eligible to benefit from the Double Up programme. Users who spend at least $500 JMD topping up a mobile phone via the Lynk app will benefit from a matched cashback during the promotional period. This means users will receive cashback of the exact topup amount (e.g., user tops up with $200, they will receive $200 cashback. Users will not receive cashback for GCT.). Only one cashback will be awarded per Lynk ID. Cashback awards are only eligible for users who have an active Lynk account. Cashback rewards are not transferable and will be redeemed via the user’s Lynk account from a single prize code that will be emailed to successful users. Email will be sent to the email address that users provided when signing up for Lynk. Emails will include prize codes. Qualifying users will receive prize codes up to 3-5 days after the end of the promotion. Once prize codes are claimed, the cash will appear in the Lynk wallet of the qualifying user. This promotion will run from Monday 5/23/2022 until Sunday 5/29/2022.

Lynk reserves the right not to offer cashback rewards if a user cancels an eligible top up purchase. Purchases made after the promotional period will not be eligible for rewards.

Lynk does not provide, endorse or guarantee any third-party or merchant product or service.

To the extent permitted by applicable law, Lynk’s liability under or in connection with the Double Up programme shall be limited to the value of any disputed reward. Under no circumstances will Lynk be liable under the Double Up programme for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the user and Lynk and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.

All title, ownership and intellectual property rights in the Lynk application, including the content, belong to the Provider and/or its licensors.

Lynk reserves the right in its sole discretion, without notice, to cancel, terminate, modify or suspend the Double Up programme or any of its terms and conditions.

For the purposes of these Terms and Conditions, “Lynk” refers both to the Lynk app and the company that owns and offers the Lynk app. A “user” refers to an individual who has downloaded the Lynk app, created a Lynk account and verified his/her identify to become active.

Only persons who complete three successful Lynk transactions between Thursday, June 30, 2022 and and Sunday, July 3, 2022 are eligible to participate in this 3x3 promotion, which qualifies them to receive cashback of J$300.* A successful Lynk transaction means a completed and successful peer-to-peer transfer, mobile top-up, or bill payment. Transfers to the same Lynk ID only count as one transaction for this promotion. In order to qualify for this promotion, each transaction value must be J$100 or more AND at least one transaction must be a bill payment or top-up (for example, 3 top-ups; 2 bill payments and 1 transfer; 1 bill payment and 1 transfer and 1 top-up etc.) AND the transactions must be to 3 different Lynk IDs.

Only one cashback will be awarded per Lynk ID. Cashback rewards are not transferable and will be redeemed via the user’s Lynk account from a single prize code that will be emailed to successful users. Email will be sent to the email address that users provided when signing up for Lynk. Emails will include prize codes. Qualifying users will receive prize codes between 3 to 5 days after the end of the promotion. Once prize codes are claimed, the cash will appear in the Lynk wallet of the successful user. Persons affiliated with Lynk (employees of Lynk and its affiliates) are not eligible to benefit from the promotion.

*Lynk reserves the right not to offer cashback rewards if a user cancels an eligible transaction. Only the first 300 successful entries will qualify to receive the cashback. Transactions done after the promotional period will not be eligible for rewards.

Lynk does not provide, endorse or guarantee any third-party or merchant product or service.

To the extent permitted by applicable law, Lynk’s liability under or in connection with the 3x3 promotion shall be limited to the value of the cashback. Under no circumstances will Lynk be liable under the 3x3 promotion for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the user and Lynk and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.

All title, ownership and intellectual property rights in the Lynk application, including the content, belong to Lynk and/or its licensors

Lynk reserves the right in its sole discretion, without notice, to cancel, terminate, modify or suspend the 3x3 promotion or any of its terms and conditions.