USEND E-WALLET AGREEMENT

Important Information:  Please read this Agreement and Disclosures carefully before activating your E-Wallet.

This USEND E-Wallet Agreement (“Agreement”) sets forth the terms and conditions governing the use of your USEND E-Wallet (the “E-Wallet”).  By registering and using the E-Wallet service and downloading the USEND mobile application (“USEND E-Wallet App”), you agree to be bound by the terms and conditions set forth in this Agreement.

“You” and “yours” means you the Customer who has registered for an E-Wallet and is authorized to use the E-Wallet as provided for under the terms and conditions of this Agreement.

“We,” “us,” and “our” means Pronto Money Transfer Inc. (d/b/a “USEND” and “Pontual”) and our successors, assignees or affiliates.  Pronto Money Transfer Inc. is referred to in this Agreement as “USEND”.

1.Description and Limitations of the USEND E-Wallet Program.  

May Be Used Only for Pontual and USEND Related Transactions. The E-Wallet is a prepaid payment program that allows you to place funds in your E-Wallet for use in paying for Pronto Money Transfer Inc. services, including money transfers via our USEND online platform, sending funds to other USEND E-Wallet holders.  You may also use your E-Wallet for purchase of gift cards or reloadable debit cards through participating vendors and financial institutions that work with USEND.

The USEND E-Wallet App.  The USEND E-Wallet App enables you to use your mobile device to access your E-Wallet for payment for services through USEND.

Funds May Only Be Loaded Via the USEND E-Wallet App and USEND Website.  You may load funds to your E-Wallet account by accessing the USEND E-Wallet App or USEND website (when available) and transferring funds from your bank account (via ACH), a debit card or credit card.  

Not a Bank Account and Not Accessible at ATMs. Your E-Wallet account does not constitute a bank account or savings account, and is not directly insured by the FDIC.  You will not receive any interest on any funds placed in the E-Wallet.  

Not a Gift Card and Not Transferrable.  The E-Wallet is not a gift card and may not be transferred or gifted to another person.  The E-Wallet is not a debit card; funds that you place in the E-Wallet may not be accessed from an ATM and you cannot use your E-Wallet to pay for goods or services at retail merchant locations.

No More than One E-Wallet at a Time.  You may not maintain more than one (1) E-Wallet account.  If USEND discovers that you are maintaining or controlling more than one (1) E-Wallet account, USEND reserves the right to cancel either or both of your E-Wallet accounts.  If USEND cancels your E-Wallet account for any reason, USEND will refund to you the full amount of your then available balance within ten (10) days.

No Illegal Activity.  You may not use your E-Wallet for any illegal activity or illegal transactions.

Your Right to Cancel.  You may cancel your E-Wallet and this Agreement at any time by contacting Customer Service at the number or email address below.  Your termination of this Agreement will not affect any of our rights, our obligations or your obligations arising under this Agreement prior to termination.  If your E-Wallet is cancelled upon your request, we will send you a check for all remaining funds after deducting any applicable fees, charges, and outstanding transactions.

Recurring Transactions. Your E-Wallet may not be used for recurring transactions. “Recurring transactions” are transactions that you schedule in advance to be automatically charged to your E-Wallet on a repeated basis.

2.Disclosures and Agreements.  By registering for and using the USEND E-Wallet, you acknowledge and accept electronic receipt of: (a) this Agreement; and (b) the Electronic Fund Transfer Act (“EFTA”) long and short form disclosures (collectively, “Disclosures”).  You agree that you have read this Agreement and the Disclosures in their entirety and will abide by their terms and conditions.

You understand that the USEND will not provide you with an additional paper (non-electronic) copy of this Agreement or the Disclosures unless you specifically request it by contacting us at the Customer Service number or email address below.

3.Contacting You and Electronic Signature.  You consent to receive electronic communications and disclosures from us in connection with your E-Wallet. You agree that USEND may contact you by email at any email address you provide to us in connection with your E-Wallet account or USEND services.  By accepting this Agreement, you agree that it is subject to the Federal Electronic Signature in Global and National Commerce Act (E-Sign).  Continued use of your E-Wallet requires that you agree to receive all notices from us electronically.  If you prefer to receive paper notices, you have the right to withdraw your consent, in which case we may terminate your use of the E-Wallet.

4.Customer’s Representations and Warranties.  By registering the USEND E-Wallet, you represent and warrant to us that: (i) you are at least 18 years of age; (ii) you have provided us with your name, date of birth, residence address (not a P.O. Box), and identification number; (iii) the personal information that you have provided to us in registering for your E-Wallet is true, accurate and complete; and (v) you have received a this Agreement and agree to be bound by its terms and conditions.

You hereby authorize USEND to add or deduct funds from your E-Wallet based on your requests to load funds to your E-Wallet and/or based on transactions you conduct in accordance with this Agreement. You acknowledge and agree that funds loaded to your E-Wallet may only be used to for transactions and/or payments processed by USEND under the terms of this Agreement.

5.Business Days.  For the purposes of this Agreement, every day is a business day (“Business Day”) except Saturdays, Sundays, and federal holidays.

6. Availability of Funds.  You are not permitted to exceed the available balance in your E-Wallet.  Notwithstanding the foregoing, in the event that a transaction is approved (due to a system malfunction or otherwise) that exceeds the balance of the funds available in your E-Wallet you shall remain fully liable for the amount of the transaction.  In such event, you agree to pay Pronto Money Transfer Inc. promptly for the shortage upon our request.

7.Account Balance And Transaction History Information. USEND will not automatically send you monthly account statements.  USEND will make your E-Wallet account balance and transaction history available to you, including any fees that have been charged to your E-Wallet account.  You may check your current balance and account transaction history by (a) accessing your E-Wallet account via the USEND E-Wallet App via your mobile device, (b) accessing your E-Wallet account via the USEND.com website, or (c) contacting the Customer Service number below.

8.You May Request A Written Account Transaction History.  You may make a request either orally or in writing for your E-Wallet account history for at least the last 24 months.  To make either an oral or written request for your account history, please contact USEND at the Customer Service number or address below.  Even if your E-Wallet account has become inactive for more than 24 months, USEND will provide you with the full account history.

9.Changes to Participation in Your E-Wallet and These Terms and Conditions.  Subject to applicable law, at any time USEND may (i) terminate or suspend your use of an E-Wallet, (ii) modify or suspend the type or dollar amount of transactions in connection with your E-Wallet,  or (iii) change our customer verification process for registering for an E-Wallet.  USEND may change or modify these Terms and Conditions, at any time without notice to you.  USEND may revise these Terms and Conditions at any time by updating these terms on our website.  In such event, you are bound by such amendments and therefore you should periodically review the current Terms and Conditions as posted by USEND on its website.

10.Fees and Charges.  USEND’s fees are set forth in our Short Form Disclosure and Long Form Disclosures, which are provided herewith.  USEND does not charge a fee to add funds to your E-Wallet from either a bank account or debit card.  We do not charge a fee for transferring funds between E-Wallets accounts.

For a list of USEND’s applicable E-Wallet fees, please go to www.usend.com/US/fees.html

If you use your E-Wallet to purchase a gift card or reloadable debit card from one of our participating vendors or financial institutions, the vendor or financial institution may directly assess you fees and charges which the vendor must disclose to you.  Please contact us at the number or email address below if you have any questions.

11.Error Resolution and Customer Service Contact.  We appreciate your business and we are committed in delivering “best in class” financial services.  If you experience an error or problems using your USEND E-Wallet or our services, to report unauthorized use of your E-Wallet, or to report a complaint to us, please contact us as follows:  

        Email us at:  info@usend.com

        Or call us at: 888-305-7264

        Or write to us at:        Pronto Money Transfer Inc.

                                           Attention: Customer Service

                                           111 N. Sepulveda Blvd., Suite 340

                                           Manhattan Beach, CA 90266

Please contact us as soon as possible if you become aware of a transaction error, unauthorized use of your E-Wallet, or any other problems. When you do, please provide the following information:

(a) Your name, address and telephone number;

(b) Your email address;

(c) The date, dollar amount and recipient of the E-Wallet transaction; and

(d) Why you believe an error has occurred and a copy of any supporting documentation.

We will help to resolve any errors with respect to our services. We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation.

12.Disclaimer of Warranties. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY  APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE E-WALLET, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

13 Limitation of Liability.  EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL PRONTO MONEY TRANSFER INC., ITS SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS OF USE OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE E-WALLET OR FUNDS CONTAINED THEREIN, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

14.Our Liability for Failure to Make Transfers. If we do not complete a transfer to or from your E-Wallet on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages proximately caused by us. However, there are some exceptions. We will not be liable for failing to complete a transaction if, for instance:

Through no fault of ours, there are insufficient funds for the transfer;

The USEND App or E-Wallet was not working properly and you knew about the problem when you initiated the transfer;

Circumstances beyond our control (such as fire, flood or pandemic) prevent the transfer, despite reasonable precautions we have taken;

We do not complete the transaction because you have reported to us that your mobile device containing access to your E-Wallet has been lost or stolen, or someone has gained unauthorized access to your E-Wallet account;

We do not complete the transaction because your E-Wallet has been suspended by us, or we have reason to believe the transaction is not authorized by you; or

As otherwise provided in this Agreement.

15. Expiration of Funds and Unclaimed Property.  Your E-Wallet funds do not automatically expire. If, however, we have no record of E-Wallet activity for three or more years, applicable state law may require us to report and pay any unclaimed funds remaining in your E-Wallet, subject to permissible fees, pursuant to the escheat and unclaimed property laws of your state of residence.   Should your E-Wallet have a remaining balance after a certain period of time, we may be required to remit those funds as abandoned property to the appropriate state agency.

16.Security.  You are solely responsible for maintaining the confidentiality of your E-Wallet user identification, passwords, and access to your mobile device.  If you share this information with anyone, that person may be able to use your E-Wallet to transfer your funds to another person or other services available through USEND, or to access your information and transaction history.

17. Information We Collect and How We Use It..

Information We Collect.  In providing the E-Wallet services USEND will collect the following information: (a) information such as your name, address, tax identification number, identification number and email address that you provide when you register for an E-Wallet; and (b) information about transactions made to or from an E-Wallet, such as date, amount, and beneficiary and/or payee information.

How We Use Your Information.  We use your information to process transactions you have requested.  We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. We may use or disclose your information to third parties (1) where it is necessary for completing transactions that you have requested; (2) in order to comply with a government agency, court order, subpoena or other legal disclosure requirements; (3) with your permission; or (4) to our trusted employees, auditors, affiliates, service providers, or attorneys as needed and in accordance with applicable law.  For more information, you may review our Privacy Policy is available here : https://www.usend.com/index.cfm?MjdZLiw2JTk0VihaKUg0WjUjUUgoQykzKgo=

18,Your Liability for Unauthorized Transactions. Contact us IMMEDIATELY if you believe your E-Wallet or the mobile device holding your E-Wallet or any related PIN or password has been lost, stolen, or used without your permission to transfer funds or if you believe that a transaction involving your E-Wallet has been made without your permission.  

Contacting us immediately by telephone is the best way to limit potential losses. You may call us at our Customer Service number at 888-305-7264.  You may also email or write to Customer Service at the address set forth above.

If you tell us within two (2) Business Days after you learn of the unauthorized access of your E-Wallet, the mobile device holding your E-Wallet, or any related PIN or password, you can lose no more than $50 if someone used your E-Wallet or related PIN or password without your permission.

If you do NOT notify us within 2 Business Days after you learn of the loss or theft of your E-Wallet or the mobile device holding your E-Wallet or any related PIN or password, and we can prove that we could have stopped someone from using your E-Wallet without your permission if you had told us, you could lose as much as $500.

Also, if the account history statement made available to you shows transfers of funds from your E-Wallet that you did not make, please notify us at once.  If you do not tell us within 60 days after the statement was made available in the USEND E-Wallet App or our USEND.com website, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.  If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the applicable time periods.

19.Cancellation Of An International Money Transfer Via E-Wallet.   If you are paying for a  international money transfer via your E-Wallet, the transaction may be canceled for a refund of the full transfer amount and any fees paid within 30 minutes of payment, unless the funds have been picked up or deposited to the recipient’s bank account.  In order to request a cancellation within 30 minutes please contact us at 888-305-7264 or  info@usend.com

For more information on your rights and USEND’s obligations concerning our money transfers services, please see the USEND User Agreement available here: https://www.usend.com/us/e_wallet_agreement.html

20.Applicable Law.  This agreement shall be governed by the laws of the State of California (without regard to that state’s conflict of law principles) and applicable federal law. A determination that any provision of this agreement is unenforceable or invalid shall not render any other provision of this agreement unenforceable or invalid.

21.Agreement to Arbitration and Waiver of Jury Trial.  PLEASE READ THIS SECTION OF THE AGREEMENT CAREFULLY.  BY SIGNING THIS AGREEMENT YOU AGREE THAT ANY DISPUTE ARISING OUT OF YOUR E-WALLET ACCOUNT OR THIS AGREEMENT, WHICH CANNOT BE RESOLVED AMICABLY BETWEEN US, WILL BE RESOLVED BY BINDING ARBITRATION. IN THAT CASE, ARBITRATION WILL REPLACE YOUR RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN A CLASS ACTION LAWSUIT OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL.

(a)What is Arbitration?  “Arbitration” is a process for dispute resolution whereby  and independent third party (called the “arbitrator”) resolves a Dispute.  A "Dispute" will include any type of claim or controversy between you and USEND.  The term Dispute includes all claims or demands, past, present, or future, and based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought. A Dispute includes, by way of example, any claim based upon a federal or state law, statute, ordinance, regulation, or common law, and any issue concerning the validity, enforceability, or scope of this arbitration agreement.

(b)Arbitration Rules. In the event of a Dispute which we cannot amicably resolve relating to or arising out of your E-Wallet account or this Agreement, you agree to arbitrate the Dispute.  Arbitration may be conducted by a single arbitrator with either JAMS or the American Arbitration Association ("AAA") or other arbitration organization agreed upon by both parties.  If JAMS is selected, the arbitration will be handled according to JAMS’ Streamlined Arbitration Rules.  If the AAA is selected, the arbitration will be handled according to AAA’s Commercial Arbitration Rules. You may obtain a copy of the rules for JAMS by contacting JAMS at www.jamsadr.com and for the AAA by contacting the AAA at www.adr.org.  Unless otherwise agreed by the parties, any arbitration hearings will take place in the federal judicial district in which you reside.  You also agree that any dispute as to whether your claim falls within the scope of this arbitration clause shall be determined solely by the arbitrator, and not by a court.

(c)Individual Disputes Only. Disputes may be submitted to arbitration on an individual basis only. Disputes subject to this arbitration provision may not be joined or consolidated in arbitration with any claim or dispute of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person or group, unless otherwise agreed to by the parties in writing.

(d)Arbitration Fees. At your request, in the event of a Dispute associated with a consumer account, USEND will advance your filing and hearing fees for any arbitration under this Agreement; the arbitrator will decide whether we or you will ultimately be responsible for those fees.

(e)Procedure.  The determination of the arbitrator shall be binding on both parties.  The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”), and shall honor all applicable claims of privilege and confidentiality recognized at law.  All statutes of limitations that would otherwise be applicable shall apply to any arbitration proceeding. The arbitrator shall be empowered to grant such relief as would be available in court under law or in equity.  Any appropriate state or federal court may enter judgment upon the arbitrator’s award. This arbitration provision is made in accordance with a transaction involving interstate commerce and shall be governed by the FAA.

Pontual E-Wallet | Long Form and Initial Disclosures

Important Additional Disclosures:  

(a) Consumer Liability.  Tell us AT ONCE if you believe your E-Wallet code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your E-Wallet account. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within 2 business days after you learn of the loss or theft of your E-Wallet code you can lose no more than $50 if someone used your E-Wallet without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of your E-Wallet code, and we can prove we could have stopped someone from using your E-Wallet code without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make tell us at once. If you do not tell us within 60 days after the statement was made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

(b) Contact in event of unauthorized transfer. If you believe your E-Wallet code has been lost or stolen, call: 888-305-7264 or write:

                                Pronto Money Transfer Inc.

                                Attention: Customer Service

                                111 N. Sepulveda Blvd., Suite 340

                                Manhattan Beach, CA 90266

(c) Business days. For purposes of these disclosures, every day is a business day (“Business Day”) except Saturdays, Sundays, and federal holidays.

(d) Transfer types and limitations.

        (1) Account access. You may use your E-Wallet account to:

                (i) Pay for funds transfers via the USEND App or USEND website (if available).

                (ii) Make funds transfers to other USEND E-Wallet holders.

                (iii) Pay for purchase of gift or debit cards from other participating vendors.

        (2) Limitations on access.  You may not use your E-Wallet account for:

                (i)  Making withdrawals at ATM locations.

                (ii)  Making purchases at merchant point of sale locations.

                (iii)  Making online purchases or online bill payments.

                (iv)  Receiving direct deposits into your E-Wallet account.

                (v)  Making preauthorized payments.

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(e) Fees.  Our e-wallet fees are set forth above.  Our normal remittance fees are available here: www.usend.com/US/fees.html

(f) Confidentiality. We will disclose information to third parties about your account or the transfers you make:

                (i) Where it is necessary for completing transfers, or

                (ii) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or

                (iii) In order to comply with government agency or court orders, or

                (iv) If you give us your written permission.

(g) Documentation.

        (1) Transfers via E-Wallet. You can get a receipt at the time you make any transfer to or from your account using our USEND E-Wallet App or via the USEND website (when available).

        (2) Transaction history statements. You may check your current E-Wallet balance and transaction history by referring to the USEND E-Wallet App for via the USEND website (when available).

(h) Financial institution's liability. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

        (1) If, through no fault of ours, you do not have enough money in your account to make the transfer.

        (2) If the transfer would go over your available balance.

        (3) If the system was not working properly and you knew about the breakdown when you started the transfer.

        (4) If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.

        (5) There may be other exceptions stated in our agreement with you.

        * * *

Contact Pronto Money Transfer Inc. by calling 1-888-305-7264, by mail at 111 N Sepulveda Blvd # 340, Manhattan Beach, CA 90266, or visit www.usend.com. For general information about prepaid accounts, visit cfpb.gov/prepaid. If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.

For more complete terms and conditions, please see the E-Wallet Customer Agreement available at: www.usend.com/us/e_wallet_agreement.html