As used throughout this User Agreement, the terms "USEND", "we", "us", and "our" refer to USEND, a trade name of Pronto Money Transfer, Inc., a California corporation, together with its employees, directors, successors, affiliates, and assignees. The terms "you" and "your" refer to users of the Service, whether in their capacity as Senders, Recipients, or Visitors to this website.
|1. OVERVIEW OF THE SERVICE|
The Service allows people to send and receive money, reload pre-paid cell phones and pay bills around the world. A "Sender" is someone who uses the Service to send money. A "Recipient" is someone who uses the Service to receive money through the Service. The "Destination Country" is the country in which the Recipient receives money through the Service. A "Transaction" is a specific instruction to send money through the Service. The "Transaction Amount" is the amount that the Sender provides for transmittal to the Recipient, excluding applicable fees and prior to any foreign exchange conversion. The "Payout Amount" is the amount paid out to the Recipient, excluding any taxes or charges that may be levied under the laws of the Destination Country (the "Local Taxes").
|2. ACCESSING THE SERVICE|
|a. Eligible Users. You must be at least eighteen (18) years old to access or use the Service as a Sender. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.
b. Not Available to Certain Residents. The Service may not be available in whole or in part in certain states, countries or jurisdictions. The Service is only available in those U.S. jurisdictions where the Pronto Money Transfer, Inc. is licensed or otherwise authorized in accordance with applicable law.
c. Offer and Acceptance. If you submit a Transaction, you are requesting that we process your Transaction, an offer which we may accept or reject at our sole discretion.
|a. Charges. For each Transaction that you submit, you agree to pay us a service fee (the "Service Fee") plus the Transaction Amount. Additional charges may apply. Payment is due at the time your transaction is submitted for processing. USEND only accepts payment in U.S. Dollars. If you submit a transaction that results in USEND being charged with NSF fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees.
b. Payment. In order for us to collect payment from you, you authorize us to access or debit funds from any of the payment instruments you provide us in connection with your use of the Service (each, a "Payment Instrument" including, for example, your credit/debit card or bank account). If your payment fails or is insufficient, you authorize us to re-try one or more times using the same or a different Payment Instrument. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we may try to debit your bank account at a later time. You represent and warrant that you are the lawful owner of your Payment Instrument(s).
c. Other Charges. USEND is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. USEND is not responsible for any insufficient funds charges, NSF fees, chargeback fees, or other, similar charges that might be imposed on you by your bank or other provider.
d. Foreign Currencies. USEND and its Service Providers usually make money when you pay for a Transaction in one currency, and the Transaction is paid out in another, based on the difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. You agree that, when you send a Transaction to a Recipient's bank account, that the bank account is denominated in the same currency as the Transaction.
|Service Providers. We work with local destination banks, money exchange houses, and other third party service providers (each, a "Service Provider") to pay funds out to Recipients. You, in your capacity as a Sender, hereby appoint your Recipient as your agent for the purpose of receiving funds in connection with the Service. We attempt to provide up-to-date information on our website regarding the location, availability, and hours of our Service Providers. However, you agree that USEND is not responsible for any inaccurate or incomplete information concerning our Service Providers that may be posted on the site.|
a. General. We may, at any time and in our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregated basis. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in USEND's sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.
d. Verifying information. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your email address or financial instruments, verifying your information against third party databases, or through other sources.
|General. Please let us know if you have any problems with the Service. You can contact us using the contact information at the bottom of this User Agreement. Residents of certain jurisdictions may also consider the following:
California. If you have complaints with respect to any aspect of the money transmission activities conducted with USEND, you may contact the California Department of Business Oversight at its toll-free telephone number, 1-866-275-2677, by email at firstname.lastname@example.org, or by mail at Department of Business Oversight, Consumer Services, 1515 K Street, suite 200, Sacramento, CA 95814.
The following applies only to Transactions that are submitted by Senders in California.
RIGHT TO REFUND: You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if Pronto Money Transfer, Inc. does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by you within 10 days of the date of the receipt of the funds from you unless otherwise instructed by you. If your instructions as to when the moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted you have a right to a refund of your money.
Department of Business Oversight
Attn: Consumer Services
1515 K Street, Suite 200
Sacramento, CA 95814
Connecticut Department of Banking
260 Constitution Plaza
Hartford, CT 06103-1800
District of Columbia
Department of Consumer & Regulatory Affairs (DCRA)
1050 First St., NE, Suite 801
Washington, DC 20002
Telephone: (202) 727-8000
Fax: (202) 354-1085
Consumer complaint Hotline: (202)442-9550
Florida Office of Financial Regulation
Division of Finance Institutions
Consumer Assistance Group
200 E. Gaines Street Tallahassee, FL 32399-0381
Telephone: (850) 410-9805 or (850) 487-9687
Georgia Department of Banking & Finance
2990 Brandywine Road, Suite 200
Atlanta, Georgia 30341
Telephone: (888) 986-1633
Division of Financial Institutions
Department of Commerce and Consumer Affairs
P.O. Box 2054
Honolulu, HI 96805
Telephone: (808) 586-2820
Fax: (808) 586-2818
Minnesota Department of Commerce
Main Office, Golden Rule Building
85 7th Place East, Suite 280
Saint Paul, Minnesota 55101
Telephone: (651) 539-1600 (Complaints)
Toll-Free 1(800) 567-3602
Voluntary Disqualification by customer
You, the customer, are entitled from voluntary disqualify yourself from sending or receiving money transfers, this disqualification last for one year unless you give instructions that it be in effect for a period longer than one year. You, the customer may terminate this disqualification at any time upon written request to Pronto Money Transfer Inc., at 111 N. Sepulveda., Suite 340, Manhattan Beach, CA 90266 or by Email email@example.com or call us a 1-888-305-7264.
Please submit your self-disqualification form by sending your request to firstname.lastname@example.org.
FRAUD ALERT If you are sending money to someone you donâ€™t know or w hose identity you canâ€™t verify it can be part of fraudulent scam, please ask the agent to stop your transfer immediately, or call Pronto Money Transfer Inc. at 1(888) 305-7264 to report it.
Illinois Department of financial and Professional Regulation
100 West Randolph, 9th Floor
Chicago, IL 60601
International 1(312) 281-0341
Fax: (217) 524-0142
Indiana Department of Financial Institutions
30 S. Meridian St., Suite 300
Indianapolis, IN 46204
Telephone: (317) 232-3955
Toll-Free: (800) 382-4880
Fax: (317) 232-7655
Office of Financial Institutions
Post Office Box 94095
Baton Rouge, LA 70804-9095
Telephone: (888) 525-9414
Fax: (225) 925-4524
Commissioner of Financial Regulation
500 N. Calvert Street, Suite 402
Baltimore, MD 21202
Attention: Consumer Services Unit
Telephone: (410) 230-6077
Fax: (410) 333-3866
Commonwealth of Massachusetts Division of Banks
Attn: Consumer Assistance
Unit 1000 Washington Street, 10th Floor
Boston, Massachusetts 02118-6400
Telephone: (800) 495-2265
Fax: (617) 368-2700
Division of Banking & Financial Institutions
PO Box 200546
Helena MT 59620
Telephone: (406) 841-2920
Fax: (406) 841-2930
Nevada Division of Financial Institutions
3300 W Sahara Avenue Suite 250
Las Vegas, NV 89102
State of New Hampshire Banking Department
53 Regional Drive, Suite 200
Concord NH 03301
Telephone: (603) 271-3561
Fax: (603) 271-1090
New Jersey Department of Banking and Insurance
Atten: Consumer Inquiry and Response Center ("CIRC")
P.O. Box 471
Trenton, New Jersey 08625-0471
Telephone: (609) 292-7272
Fax: (609) 454-8468
PO Box 25101
Santa Fe, New Mexico 87504
Telephone: (505) 476-4885
Fax: (505) 476-4670
Commissioner of Banks
316 W. Edenton Street
Raleigh, NC 27603
Telephone: (919) 733-3016
Fax: (919) 733-6918
North Dakota Department of Financial Institutions
2000 Schafer Street, Suite G
Bismarck, ND 58501-1204
Fax: (701) 328-0290
Ohio Division of Financial Institutions
77 South High St., 21st Floor
Columbus, OH 43213
Oregon Division of Financial Regulation
350 Winter St. NE, Room 410
Salem, OR 97301
Pennsylvania Department of Banking
17 N. Second St., 13th Floor
Harrisburg, PA 17101
Rhode Island Dept. of Bus. Regulation - Div. of Banking
1511 Pontiac Avenue
Cranston, RI 02920
South Carolina Office of the State Bank Commissioner
1205 Pendleton Street, Suite 305
Columbia, SC 29201
Telephone: (803) 734-2001
South Dakota Division of Banking
1601 N. Harrison Ave., Suite 1
Pierre, SD 57501
Utah Department of Financial Institutions
PO Box 146800
Salt Lake City, UTÂ 84114-6800
Telephone: (801) 538-8834
Fax: (801) 538-8894
Virginia Bureau of Financial Institutions
1300 E. Main St., Suite 800
Richmond, VA 23218
Washington Department of Financial Institutions
150 Israel Road SW
Tumwater, WA 98501
Wyoming Department of Audit
122 West 25th Street
Cheyenne, WY 82002
8. USEND INTELLECTUAL PROPERTY
You acknowledge that the Service, including but not limited to the content of this website, text, graphics, links, buttons, logos, and images, as well as all other USEND copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by USEND (the "USEND Intellectual Property"). You agree not to display, use, copy, or modify the USEND Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Service; (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof); or (iii) infringe USEND's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
9. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You agree to indemnify, defend and hold USEND, Service Providers, and their respective subsidiaries, affiliates, officers, directors, agents, partners, and employees harmless from any and all claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of the Service, (ii) your connection to the Service, (iii) your violation of the User Agreement, (iv) your violation of any applicable state or federal laws or regulations, (iiv) your violation of any rights of another, and (iiiv) any intentional wrongdoing of any kind.
11. LIMITATION OF LIABILITY
EXCEPT FOR CLAIMS UNDER SECTION 1810.5(C) OF THE CALIFORNIA FINANCIAL CODE ARISING FROM TRANSACTIONS ORIGINATING IN CALIFORNIA, IN NO EVENT SHALL USEND, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF USEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF USEND, DISBURSEMENT PARTNERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES.
|12. DISPUTE RESOLUTION AND GOVERNING LAW|
|a. Governing Law. This User Agreement shall be governed according to the laws of the State of California, and all activities performed in connection with the Service shall be deemed to have been performed in California. Any controversy, dispute, or claim arising out of or relating to the Service or User Agreement (a "Claim") shall be governed by and construed in accordance with the laws of California, except that body of law governing conflicts of law.
b. Disputes with USEND. If a dispute arises between you and USEND, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and USEND regarding the Service may be reported to Customer Service by telephone at 1-888-305-7264 (outside the United States, call 1-424-237-1800); by fax at 310-388-5457; or by mail at USEND, Attn: Customer Service, 111 N. Sepulveda Blvd, Suite 340, Manhattan Beach, CA 90266, USA.
c. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
d. Forum for Disputes. Except as otherwise agreed by the parties or as described in section 12(c) above, you agree that any claim or dispute you may have against USEND must be resolved by a court located in Los Angeles County. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
e. Improperly Filed Litigation. All claims you bring against USEND must be resolved in accordance with section 12 of this Agreement. All claims filed or brought contrary to section 12 shall be considered improperly filed, and a breach of this Agreement. Should you file a claim contrary to section 12, USEND may recover attorneys' fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that USEND has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
13. ELECTRONIC COMMUNICATIONS
|a. You acknowledge that this User Agreement shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means: (i) this User Agreement and any amendments, modifications or supplements to it; (ii) your records of transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or USEND.
b. The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of this User Agreement.
c. In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, such as Internet Explorer version 4.0 or above, (ii) an e-mail account and e-mail software capable of interfacing with USEND's e-mail servers, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing, (iv) sufficient electronic storage capacity on your computer's hard drive or other data storage unit, (v) a printer that is capable of printing from your browser and e-mail software. In addition, you must promptly update us with any change in your email address by updating your profile at https://www.USEND/PersonalDetails.aspx.
a. Entire Agreement. The User Agreement constitutes the entire agreement between you and USEND and governs your use of the Service, superseding any prior agreements between you and USEND.
15. SECURITY AND FRAUD PREVENTION
Your security is very important to USEND, and we work hard, utilizing state-of-the-art security measures, to make sure that your information is secure. USEND is a safe and convenient way to send money to family members and to other people that you trust. But we urge you to consider carefully before sending money to anyone that you do not know well. In particular, you should be cautious of deals or offers that seem too good to be true. To learn more about fraud prevention, please refer to our advisory at Prevention of Frauds, Scams and Elder Abuse. If you think you have been or might be a victim of fraud, please contact us immediately by telephone at 1-888-305-7264 (outside the United States, call 1-424-237-1800). If you are aware of anyone or any entity that is using the Service inappropriately, please email us at email@example.com. And if you receive any fake (phishing) emails, purporting to be from USEND, please forward them to us at firstname.lastname@example.org.
16. CONTACT INFORMATION
|Questions, notifications, and requests for refunds or further information can be sent to USEND, as follows: by telephone at 1-888-305-7264 (outside the United States, call 1-424-237-1800); by fax at 310-388-5457; or by mail at Pronto Money Transfer, Inc., Attn: Customer Service, 111 N. Sepulveda Blvd, Suite 340, Manhattan Beach, CA 90266, USA.|