TERMS AND CONDITIONS FOR CALIFORNIA
Terms and Conditions for MoneyGram MoneyGram Online and ExpressPayment® Services
ELECTRONIC DISCLOSURES AND CONSENT
Capitalized terms used in these Electronic Disclosures and Consent are defined in Section 3, below.
As a condition of your use of the Service, you consent to: having your Bank Account debited (or credited), your Debit Card debited (or credited) and/or your Credit Card Account charged against electronically to pay for any transfers you initiate at the Web site using our Service(s) as well as any applicable fees, including Consumer Fees, and other charges; electronically signing (by use of an electronic signature that evidences your identity) required documents and agreements; and receiving all required disclosures, notices, statements and other communications from us electronically (we may, at our sole discretion, post them at the Website or email or send them to you) (the "Electronic Consent").
B. Categories of Communications
You understand and agree that we may provide you with disclosures, notices and statements and other communications and information regarding our Service, your Transfers, the debiting (or crediting) of your Bank Account, debiting or crediting of your Debit Card and/or charging of your Credit Card Account ("Communications"), in electronic form, including but not limited to the following categories of communications:
i. Your records of Transfers, including without limitation, histories and confirmations of individual Transfers.
ii. Any initial, periodic, annual or other disclosures or notices provided in connection with the Service(s), your Transfers, the debiting (or crediting) of your Bank Account, debiting or crediting of your Debit Card and/or the charging of your Credit Card Account and any others required by applicable law.
iii. Any notice or disclosure regarding fees or charges, including without limitation, any Consumer Fee(s) imposed for Transfers or for an electronic debit to your Bank Account or charge against your Credit Card Account that is returned for any reason, such as insufficient funds or line of credit or a stop-payment order.
iv. Any customer service communications, including without limitation, communications with respect to claims of error or unauthorized use of Service(s).
v. Any change in the terms and conditions of use of the Service(s).
vi. Privacy statements or notices.
vii. Any other legally required statements, including without limitation, Transfer Receipts.
viii. Any other communication related to the Service(s).
ix. This Electronic Consent.
Although we reserve the right to provide communications in paper format at any time, you agree that we are under no obligation to do so, except as otherwise set forth in this agreement. All communications in either electronic or paper format will be considered to be "in writing."
C. Retaining Copies For Your Records
You should print a paper copy of any electronic communication that is important to you and retain the copy for your records. If you do not wish to receive this Electronic Consent or the communications electronically, you may not use our Service(s).
D. Electronic Signatures
You understand and agree that we may electronically provide you with documents and agreements for your electronic signature.
E. How To Withdraw Consent
Your Electronic Consent shall remain in full force and effect unless you provide written notice of your withdrawal of this Electronic Consent to us at MoneyGram Payment Systems, Inc. Electronic Operations Center, GO2 1500, PO Box 1424, Minneapolis, MN 55480-1424, Attn: Customer Service. Your withdrawal will only become effective after we have received such written notice and have had a reasonable amount of time to process it. We do not currently impose a fee to withdraw your Electronic Consent, but we retain the right to charge fees for withdrawal at a later date if we provide you with a notice of such a change-in-terms, either through an email to you or by posting such a change-in-terms on the Website.
If you choose not to agree to this Electronic Consent, or you withdraw your Electronic Consent, you cannot use our Service(s). Your withdrawal of this Electronic Consent will cancel your agreement to use electronic records and electronic signatures, and therefore, your ability to use these Service(s).
F. How To Update Your Records
You agree to promptly update your records if your email address or other information that we need to contact you electronically in your Profile changes. Follow the instructions on the Web site to update your Profile.
If you do not promptly update your contact information in your Profile, you understand and agree that any communications shall nevertheless be deemed to have been provided to you if they (a) were emailed to the email address in your Profile records or (b) made available electronically at the Website as provided in this Electronic Consent.
G. Delivery Of Electronic Communications
Communications may be posted on the Website (or other Website(s) disclosed to you) and/or delivered to the email address you provide. If we post a Communication only at the Website (or other Website(s) disclosed to you), we will inform you of its availability at the Website via an email sent directly to you. In such instances, we will leave such communication posted at the Website for at least 90 days from the date it first becomes available or from the date the email notice was sent alerting you of the communication, whichever is later. You agree that these are reasonable procedures for sending and receiving electronic communications.
H. Hardware And Software Requirements
In order to access and retain communications and use our Service(s), you must have:
i. An Internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.0 or above or Internet Explorer version 4.0 or above.
ii. An email account and email software capable of interfacing with MoneyGram's systems.
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 email software.
1. Obtaining Paper Copies
You may obtain a paper copy of any legally-required communications and or agreement that you will be required to sign in order to authorize ACH debits/credits and/or for credit card transactions for up to 24 months after such communication or agreement has been provided or made available to you electronically. You may request such a paper copy by sending a detailed written request to MoneyGram Payment Systems, Inc. Electronic Operations Center, GO2 1500, PO Box 1424, Minneapolis, MN 55480-1424, Attn: Customer Service. Although we do not currently impose a fee for a paper copy of our electronic records, we reserve the right to charge fees for paper copies at a later date if we provide you with a notice of such a change-in-terms, via an email directly to you or by posting such a change-in-terms on the Web site.
When you click on the check box just before you initiate a Transfer, you agree that: (i) your computer system meets the minimum hardware and software requirements set forth above and you can read and print any communications that we make available to you electronically; (ii) you are affirmatively agreeing to this Electronic Consent and receiving communications electronically (not in paper form); (iii) you consent to your Bank Account being debited (or credited) and, where applicable, your Debit Card being debited (or credited) and/or Credit Card Account being charged electronically to pay for the Transfers you initiate through the Website and applicable Service fees, including Consumer Fees, and other applicable charges; (iv) you consent to using an electronic signature on required documents and agreements including any agreements that you will be required to sign in order to authorize ACH debits/credits and/or for credit card transactions; (vi) your consent reasonably demonstrates that you can access information electronically, you are able to use an electronic signature, and any electronic signature that you provide on any agreements that you will be required to sign in order to authorize ACH debits/credits and/or for credit card transactions shall be valid and binding.
2. Acceptance of Terms
These Terms and Conditions (this "Agreement") set forth the terms and conditions governing your use of the MoneyGram Online and ExpressPayment service offered by MoneyGram Payment Systems, Inc. ("MoneyGram"). You are bound by this Agreement if you use either Service. Please read this carefully. By accepting this Agreement, you agree that you have read and understand this Agreement and that you will be bound by and comply with all of its terms.
As you read this Agreement please keep in mind that the following terms, when capitalized, will have the following meanings:
"ACH" is the automated clearing house.
"Bank Account" is the deposit account with a US insured depository that a Sender designates to be debited in the amount necessary to complete an MoneyGram Online.
"Biller" is a company that has authorized MoneyGram to accept payments on its behalf from consumers.
"Business Day" means a day, other than a Saturday, Sunday or banking holiday, that banks in the United States are open for business to the public.
"Consumer Fee" is the fee charged to a Sender to complete either an MoneyGram Online or ExpressPayment Transfer.
"Credit Card Account" is a Credit Card Account related to the VISA or MasterCard credit card issued by a financial institution in the United States that a Sender authorizes MoneyGram (and any party authorized by MoneyGram) to charge against in order to pay the Transfer Amount and Consumer Fee.
"Debit Card Account" is a Debit Card Account related to the VISA or MasterCard debit card issued by a financial institution in the United States and tied to US insured depository that a Sender authorizes MoneyGram (and any party authorized by MoneyGram) to charge against in order to pay the Transfer Amount and Consumer Fee.
"MoneyGram Online" is an online money transfer Service provided by MoneyGram at the Website that allows an individual to Transfer money to another individual, who can receive the money at one of MoneyGram's Locations throughout the world. When sending money to certain countries, a Sender may designate a Receiver's physical address, bank account or electronic device as the Receiver. This service is not available everywhere; please check the Web site for availability
"ExpressPayment" is an online money Transfer Service provided by MoneyGram at the Web site that allows an individual to make a payment to a Biller.
"Location" is a facility operated by a Representative where a Receive Amount can be collected by a Receiver.
"Password" is the private security code created by the Sender that permits access to the Sender's Profile.
"Profile" is the informational record that will be maintained by MoneyGram based upon the information supplied by a Sender.
"Receive Code" is the four-digit code that identifies a Biller.
"Receiving Country" is the country where the Receiver receives the Receive Amount.
"Receipt" is the form containing information regarding your Transfer that can be printed by a Sender.
"Receive Amount" is the amount of money that is paid to the Receiver.
"Receiver" is a person who receives money from a Sender as the result of an MoneyGram Online. A Receiver is not a party to this Agreement.
"Reference Number" is the unique number that MoneyGram issues to a Sender to give to the Receiver to assist the Receiver in proving his or her authority to receive the Receive Amount.
"Representative" means a person, usually a company that maintains a facility that is open to the public, who is authorized by MoneyGram to pay Receive Amounts to Receivers.
"Service(s)" refers to the MoneyGram Online and/or ExpressPayment Service.
"Service Provider" is any company or companies engaged by MoneyGram or its contractors to provide services in connection with the Services.
"Sender" is a person who purchases either the MoneyGram Online or ExpressPayment Service. Sender will refer to you if you purchase either Service. A Sender is bound by the terms of this Agreement.
"Transfer" refers to a money transfer using the MoneyGram Online or bill payment using the ExpressPayment Service.
"Transfer Amount" is the amount sent by the Sender to either a Receiver or a Biller, excluding the Consumer Fee.
"User ID" is the code that links to the Sender's Profile for identification purposes and is also referred to as the MoneyGram ID.
"Web site" refers to the transactional pages on which the Services can be initiated that are accessible through certain MoneyGram related websites, currently including www.moneygram.com, www.temgweb.com and www.travelersexpress.com.
4. Signing Up to Use the Services
A. Eligible Users
In order to use either Service,
(i) you must have a postal mailing address in the United States and a valid and active e-mail address,
(ii) you must have a valid Credit Card Account
(iii) if you wish to pay by ACH debit you must have a Bank Account,
(iv) your mailing address must match the billing address for your Credit Card Account and/or Bank Account (as applicable);
(v) you must be a United States resident; and
(vi) you must be at least 18 years of age. You cannot send a Transfer on behalf of a third party.
Other restrictions may apply.
B. Opening A Profile
You can apply to open a Profile by entering the required information on the Website and agreeing to the terms of this Agreement. If MoneyGram accepts your application, it will open your Profile. You will then establish your User ID and Password. Both your User ID and Password are highly confidential and should not be shared with any other party.
C. Verification of Information
In an effort to combat money laundering activities and the funding of terrorism, the U.S. federal government enacted laws that require a money transmitting institution such as MoneyGram to obtain, verify, and record information that identifies each person who registers at its Website and initiates a Transfer through its Service(s). You agree that we may obtain a consumer report on you at any time.
As part of the application process required to open a Profile at our Website, we will ask for personally identifiable information about you, such as your name, address, date of birth, etc., that will help us to identify you. We may also request other identifying documents or information. If you refuse or fail to provide the requested information, we may decline to open a Profile for you or provide the Service(s) to you, or may discontinue providing such Service(s) to you at any time, in our sole discretion.
You agree that if you initiate any Transfers through our Website, you are initiating each transmission from a computer located at the address that you provided to us when your Profile was established.
Until you have completed the appropriate application and verification processes required to open and activate a Profile and we have approved your application and you have created and been issued a Password, you will not have access to the Services. The verification process will not occur until you request a Transfer. Once you have completed the application procedures, your use of the Services may be subject to certain restrictions as disclosed to you in this Agreement or when your Profile is opened. The restrictions will remain in effect until any verification of your address, identity, Bank Account and Credit Card Account required by MoneyGram have been successfully completed. Such verification may include a requirement that you properly respond to a notice that MoneyGram sends to the U.S. postal mailing address you have provided. The address of record on any Credit Card Account or Bank Account you link to your Profile must be the same as the U.S. postal mailing address you furnish us for your Profile. Once your address, identity, Bank Account and Credit Card Account information have been successfully verified or authenticated by us, you may make use of the Services subject to the terms and conditions of this Agreement.
5. Using the Services
A. How To Use The Service
To initiate a Transfer, you must enter the required information at the Website.
B. Purpose for Using the Services
You agree to use the Services only for bona fide and lawful purposes. You may not use the Services to conduct gambling activities or any illegal activity. MoneyGram has the right to terminate your Profile and to refuse to process (or may reverse) any Transfer if it believes, in its sole discretion, that you are using a Service for any illegal or improper purpose or if: (a) any Transfer exceeds the available funds on deposit in your Bank Account or Debit Card Account or, if applicable, available line of credit under your Credit Card Account; (b) we have reason to believe any Transfer may not be authorized by you; (c) any Transfer involves funds subject to a hold, dispute or legal process preventing their withdrawal from the Bank Account or Debit Card Account; (d) any Transfer would violate any law, rule or regulation applicable to the Service, you or the financial institution where your Bank Account, Debit Card Account or Credit Card Account is held; (e) any Transfer is not in accordance with any other requirement stated in this Agreement or any of our policies, procedures or practices; or (f) for our protection or yours, we have reasonable cause not to honor a Transfer. You agree that neither MoneyGram nor any Representative or Service Provider will be held responsible or liable to you or any other person for such action except as required by law. MoneyGram may report suspicious activity to appropriate law enforcement organizations or other government agencies.
C. Transfer Limits
You can make individual Transfers in amounts up to $899.99 per Transfer with a rolling thirty (30) day aggregate limit of $3,000. ExpressPayment Transfers to make a mortgage payment on your home or automobile loan payments can be made in amounts up to $2,500 per Transfer with a rolling thirty (30) day aggregate limit of $3,000. Subject to applicable legal requirements, MoneyGram reserves the right to change limits at any time in its sole discretion including but not limited to stricter aggregate dollar limits or refusing to process any Transfer for you.
D. Limitations on Your Bank Account
Please be aware that certain types of financial institution accounts have limits on the number of Transfers or withdrawals that may be made per month and may refuse to process Transfers that exceed such limits. Accordingly, we recommend that you check with your financial institution to determine what limitations are imposed on withdrawals from your Bank Account. If we are not able to debit the amount required to cover a Transfer (including any applicable Consumer Fees) you initiate at the Website from your Bank Account, we will not be able to complete the Transfer you have authorized and will not be held liable for any costs, damages, etc., caused by such failure. We have no obligation to try to debit a Bank Account for a specific money transmission more than once.
E. Business Days
MoneyGram's business days are Monday through Friday, excluding banking holidays in the United States. Please note that holiday observance in Receiver's countries may affect the Receiver's ability to collect a Transfer.
6. Paying for the Services
Prior to sending a Transfer, you can determine all applicable fees, including the Consumer Fee, by using the "Estimator" on the Website. See Section 7, below, for information regarding currency exchange fees. The fees and charges we assess to your Bank Account, Debit Card Account or Credit Card Account, as applicable, also will be reflected on the Receipt form that we will make available to you during your initiation of each Transfer. Please print out a copy of the Receipt form for each Transfer you initiate and retain it for your records and save the Receipt to your local hard drive for your records. The financial institution that holds your Bank Account or Debit Card Account may impose fees in connection with your purchase of a Service. Fees imposed by your financial institution or by any other person not directly a party to the Transfer, such as the Receiver's financial institution, will not be reflected on the Receipt form for your Transfer. If you are paying for a Transfer by debit to your Bank Account or Debit Card Account and there are insufficient funds in your Bank Account or Debit Card Account, you may be subject to an additional $25.00 fee.
B. Paying for an MoneyGram Online
You can pay for an MoneyGram Online, including the Transfer Amount and any applicable fees, including the Consumer Fee, and charges by instructing MoneyGram to charge against your Credit Card Account. The maximum Transfer Amount that can be charged against your Credit Card Account is $899.99 per Transfer. You can also pay for an MoneyGram Online, including the Transfer Amount and any applicable fees (including the Consumer Fee) and charges with an ACH debit of your Bank Account or debit of your Debit Card Account.
C. Paying for an ExpressPayment Transfer
You can pay for an ExpressPayment Transfer, including the Transfer Amount and applicable fees, including the Consumer Fee, and charges by instructing MoneyGram to charge against your Credit Card Account.
D. Payment Authorization
For each Transfer you initiate you authorize MoneyGram (or any party authorized by MoneyGram) to debit from your Bank Account or Debit Card Account, as applicable, or charge against your Credit Card Account for the Transfer Amount you enter, plus any applicable fees, including the Consumer Fee, and charges. Whether the Transfer is made by debit of your Bank Account or Debit Card Account or Credit Card Account, the funds or credit, as applicable, must be available in the account from which the Transfer is made. Please be sure funds or credit is available in that account before you initiate a Transfer. When you authorize a Transfer, you are authorizing MoneyGram (and any party authorized by MoneyGram) to take the funds from your Bank Account or debit Card Account or charge against your Credit Card Account (as applicable) in the amount of the Transfer Amount plus any applicable fees, including the Consumer Fee, and charges. If paying by Credit Card Account, your Credit Card Account will be charged as soon as MoneyGram accepts your request for the Transfer.
E. Obligation To Have Sufficient Funds or Credit
MoneyGram shall have no obligation to effect a Transfer unless sufficient funds are available in your Bank Account, Debit Card Account or Credit Card Account, as applicable, and neither MoneyGram nor any Service Provider shall have any liability if a Transfer is not effected as a result of the unavailability of sufficient funds or credit. MoneyGram may resubmit for collection any ACH debit authorized by you that is returned to it for any reason. You are responsible if MoneyGram makes a Transfer you request and, for any reason, MoneyGram is unable to collect the funds from your Bank Account, Debit Card Account or Credit Card Account (as applicable), or the Transfer is later reversed. In addition, MoneyGram's making of any Transfer without sufficient funds or credit available or without financial institution approval shall not create any obligation on the part of MoneyGram to make any such Transfer now or in the future. If you are paying for a Transfer by debit to your Bank Account or Debit Card Account and there are insufficient funds in your Bank Account or Debit Card Account, you will be subject to an additional $25.00 fee.
F. Cutoff Hours
If we receive instructions to initiate a Transfer from you on or before 5:00 p.m. Central Standard Time on a business day, we will attempt to debit the funds from your Bank Account or charge your Credit Card that day.
7. Currency Exchange
A. Exchange Rate Expense
In addition to any applicable fees, including the Consumer Fee, and charges applicable to an MoneyGram Online, a currency exchange rate set by MoneyGram or its Representatives may be applied if your Transfer will be received outside of the United States. Any difference between the rate applied to the Transfer and the rate received by MoneyGram or its Representatives will be kept by MoneyGram or its Representatives. The money earned by MoneyGram or its Representatives when the Transfer Amount is converted will be in addition to money earned by charging the Consumer Fee.
B. Exchange Rate
The Receive Amount and "Exchange Rate" shown on the Receipt are valid for 45 days from the date the Transfer is sent. In all other events an "Estimated Exchange Rate" will be applied.
C. Estimated Exchange Rate
If a Transfer is subject to an "Estimated Exchange Rate," the rate of exchange for the Transfer will be set at the time the Receiver collects the funds in the receiving country. The actual exchange rate that will be applied may be affected by political, economic and other conditions in the receiving country. Representatives within a country may not apply a uniform currency exchange rate and, as such, the currency exchange rate may vary based upon the Location selected by Receiver. The actual exchange rate that will be applied to your Transfer may materially vary from the Exchange Rate that applied during the 45 day period following the date the Transfer was sent.
D. Unique Pay-Out Currency
If the Receiver requests that the Transfer be paid in a currency other than the currency in which the Location normally pays out, the Representative (if it is willing to pay out in the requested currency) may charge an exchange fee. This exchange is a separate transaction between the Receiver and the Representative, and is not a part of the Transfer. Use the "Estimator" on the Website to learn what currencies are available in the country you have selected.
8. Receiving an MoneyGram Online
A Transfer made in conjunction with the initial application for a Profile will be delayed until your identity and funding information has been fully confirmed by MoneyGram. Thereafter, the Receive Amount can usually be received at a MoneyGram Location within ten (10) minutes after the Transfer was sent, subject to the hours of operation of the Location selected by the Receiver and other terms contained in this Agreement. A Transfer may only be picked up by a Receiver in the country designated by the Sender. A country may not include its territories. The Receiver can call 1-800-MONEYGRAM or refer to the Website for the address and phone number of Locations. For Transfers sent to a physical address, a bank account or an electronic device (where available, check Web site for availability), the Receive Amount will be subject to the delivery schedule and hours of operation of the Service Provider delivering the Transfer. A Receiver's ability to receive any Transfer may be restricted until any identity verification of the Sender or Receiver required by MoneyGram has been successfully completed and the availability of funds or credit line (as applicable) has been confirmed. In addition, due to circumstances beyond the control of MoneyGram such as exchange control regulations of the receiving country, Transfers to certain destinations may be subject to delay or to restrictions imposed under the laws of the receiving country. Please note that holiday observance in the receiving country may affect a Receiver's ability to collect Transfers.
B. Pay-out Information
MoneyGram Onlines will be paid out in cash, traveler's check,check, money order, MoneyGram Money Transfer Check, or to a bank account or electronic device, or a combination thereof, if available. If the Receive Amount stated on the receipt is different than the amount actually received by your Receiver, please contact us at 1-800-MONEYGRAM or email us through the "Contact Customer Service" link on our Website at www.moneygram.com. The financial institution that holds your Bank Account or Debit Card Account may impose fees in connection with your purchase of a Service. Fees imposed by your financial institution or by any other person not directly a party to the Transfer, such as the Receiver's financial institution, will not be reflected on the Receipt form for your Transfer.
C. Receiver Identification
The Sender is solely responsible for ensuring that the identifying information about the Receiver is accurate. A Receiver must produce photo identification. The Reference Number is not always required to receive a Transfer. SENDERS SHOULD USE CAUTION WHEN SENDING TO RECEIVERS THEY DO NOT KNOW.
9. Receiving an ExpressPayment
MoneyGram will usually make information concerning your payment available to the Biller within ten (10) minutes after MoneyGram's receipt of your payment on business days. If your Transfer occurs after 11:00 PM CST notice will not be made available to your Biller until the next business day. MoneyGram has no control whatsoever over the time the Biller credits the payment to your account. Posting time will vary from Biller to Biller. Check with your Biller for payment posting times. If it is important that your Biller receive same day notice of your payment please go to one of MoneyGram's locations. Notice of ExpressPayment transfer payments made at a MoneyGram location can usually be made available to your Biller within ten (10) minutes after your payment is made.
10. Economy Service
Economy Service is a variation on the standard MoneyGram Online Service. The Terms and Conditions applicable to Economy Service differ from the standard MoneyGram Online Service as follows:
A. A Transfer will not be made available to your Receiver (or the Delivery Service Provider, if applicable) until MoneyGram has received good funds. Generally, the earliest date good funds will be available to MoneyGram is three (3) Business Days after you have initiated the Transfer, provided that occurs before 4:00 PM CST.
B. You can only pay for Economy Service with an ACH debit of your Bank Account or your Debit Card Account.
C. You cannot use Economy Service to pay for an ExpressPayment Transfer.
11. Canceling Payments-Refunds
To cancel a Transfer contact the MoneyGram Online Operations Center through the Website. You cannot cancel a Transfer or receive a refund after the Receive Amount has been disbursed to the Receiver or disbursed to a delivering Service Provider, if applicable. Except as required by law, MoneyGram will not be responsible or liable in any manner to you or any other person for its failure for any reason to cancel a Transfer. Except as otherwise set forth in this Agreement or required by law, if you ask us to terminate a Transfer or your service, or your Bank Account is closed for any reason, you will remain liable for previously authorized Transfers. Under certain circumstances you may be eligible for a refund. To request a refund, please contact MoneyGram's MoneyGram Online Operations Center through the Website and supply the following information:
Give your name, User ID, Reference Number and date of the Transfer in question.
For ExpressPayment Transfers, include the Biller's name and Receive Code.
Describe the error or Transfer you are unsure about, and explain as clearly as you can why you feel you are entitled to a refund.
Provide the dollar amount of the refund you are requesting.
If available, provide all of the information that appeared on the Receipt.
MoneyGram will use reasonable efforts to determine whether you are entitled to a refund and, if applicable effect a refund, within thirty (30) days after it receives from you a valid written request (including by email) or such shorter period as may be required by law. If MoneyGram determines that funds have not been delivered due solely to MoneyGram's or our Representative's fault, both the Transfer Amount and the Consumer Fee will be refunded in U.S. dollars. If MoneyGram determines that you are entitled to a refund for any other reason, only the Transfer Amount will be refunded. If MoneyGram determines that you qualify for a refund, your original funding source, either your Bank Account, Debit Card Account or Credit Card Account, will be credited and you agree we may process such a credit. You will receive notification if MoneyGram determines that you are not entitled to a refund. For more information, please contact customer Service through the Website.
12. Handling Disputes with a Receiver or Biller
A Transfer cannot be reversed or canceled after the Receive Amount has been disbursed. If you have a dispute with a Biller or a Receiver regarding a Transfer for which a Service was used to make payment, you should contact the other party directly to resolve the problem. For example, if you are involved in a dispute as to an amount owed, the quantity or quality of goods or services purchased, whether or not the goods or services conform to an order or warranty, whether or not goods or services have been delivered or performed, or any other aspect of your relationship with a Receiver or Biller, you agree to pursue any such claim directly with the Receiver or Biller. You should contact your credit card issuer as soon as possible to preserve any dispute rights you may have with such issuer. If MoneyGram receives complaints about you or a Receiver to whom you have sent funds, your Profile may be closed, among other things, as provided below. To the extent allowed by law, you agree that neither MoneyGram nor any Service Provider will be responsible or liable in any manner for any claims that you may have, or any claims made against you by any person, arising out of any dispute between you and a Receiver or Biller.
13. Records of Transfers
Records of all Transfers involving your Profile will be posted and updated on the Website on a continuing basis. You may access these records at any time by clicking on the "Past Transfers" page of your Profile and providing the required information to access such pages.
14. Your Other Financial Obligations
To the extent allowed by law, MoneyGram also has the right to collect from you the amount of any uncollected or reversed Transfer, plus any fees assessed and collection expenses, court costs and attorney's fees. To the extent allowed by law, you agree to hold MoneyGram harmless from any losses, costs, expenses or damages it may incur in connection with collecting for any Transfer or in defending any of the foregoing actions, including court costs and attorney's fees. You may be reported to a collection agency or credit bureau if you do not pay for any Transfer or Consumer Fee you have authorized in accordance with this agreement. You authorize MoneyGram to debit your Bank Account or Debit Card Account and/or charge against your Credit Card Account for any amounts owing to MoneyGram described in this section.
15. Your Obligation to Provide Complete and Accurate Information
You represent and warrant that all information you provide to MoneyGram, including but not limited to your application information and all data entered in connection with any Transfer or other transaction, will be complete and accurate in all respects. MoneyGram is entitled to rely on any information you provide and you agree to update your information if it changes. MoneyGram also reserves the right to take steps to verify the information you provide, although it is not required to do so. You authorize MoneyGram to obtain consumer reports on you to evaluate your application for monitoring or collection purposes, or for any other lawful purpose. If MoneyGram is unable to verify the information you provide, your application for a Profile may be rejected. IF YOU PROVIDE FALSE INFORMATION, YOUR PROFILE MAY BE TERMINATED AND ANY PENDING TRANSFERS MAY BE CANCELLED. IN ADDITION, YOU MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
16. Your Representations
You represent and warrant in connection with any Transfer that (a) the Transfer information, including information about the Receiver and Biller, is accurate, (b) your Credit Card Account, Debit Card Account or Bank Account, as applicable, has sufficient funds or credit, as applicable, to make the Transfer, (c) the Transfer is lawful, and (d) the Transfer complies with the terms of this agreement.
17. Password Protection
You must use your User ID and Password to initiate a Transfer. You agree that your Password has the same effect as your written signature and can be used to authorize Transfers. You agree not to divulge your Password to any other person, and you agree not to use another person's User ID or Password. If, notwithstanding the foregoing prohibition, you give your Password to another person, you will be deemed to have authorized such person to use that Password for any and all purposes, without limitation. You agree to assume the entire responsibility at all times for the supervision, management, control and confidentiality of your Password. You agree that, to the extent permitted by law, you will assume the entire risk for fraudulent or unintentional use of your Password and that neither MoneyGram nor any Service Provider shall have any responsibility or liability to you or any other person for any losses or damages which you or anyone else may suffer if you disclose your Password to any other person, including any losses or damages arising out of the disclosure of your Password by the recipient to another person.
18. Your Liability
You agree to review and verify regularly and promptly all receipts and disclosures and respective debits for payment thereof from your Bank Account or Debit Card Account and charges against your Credit Card shown on our Website and, as applicable, on the statements you receive from the financial institution holding your Bank Account or Debit Card Account or issuing your Credit Card.
Contact us AT ONCE at 1-800-MONEYGRAM, email us through the "Contact Customer Service" link on our Website at www.moneygram.com if you believe your Password has been lost or stolen or if any debit to your Bank Account relating to a Transfer initiated through the Service(s) is erroneous or unauthorized or if any charge against your Credit Card is erroneous or unauthorized. Telephoning is the best way of minimizing your potential losses. Otherwise, you could lose all the money in your Bank Account or Debit Card Account (plus your maximum overdraft line of credit). If you tell us within four business days of becoming aware of the loss, theft or unauthorized or erroneous use of your Password, you can lose no more than $50 if someone used your Password without your permission to make unauthorized or erroneous money transmissions for which payment was debited from your Bank Account or Debit Card Account.
If you do NOT notify us within four business days after you learn of the loss or theft of your Password or the unauthorized or erroneous debiting of your Bank Account or Debit Card Account, and we can prove that with such notice we could have stopped someone from using your Password without your permission or initiating additional money transmissions through our Website if you had notified us, you could lose as much as $500.
Also, if your bank statement shows transmissions by us that you did not authorize, tell us AT ONCE. If you do not tell us within 90 days after the FIRST bank statement on which the problem or error appeared was mailed to you, you may not recover any money you lost after such 90-day period if we can prove we could have stopped someone from taking the money if you had notified us in time. If there are extenuating circumstances, such as a long trip or a hospital stay, that prevented you from notifying us, we will extend the notice period for a reasonable time.
19. Error Resolution Notice
In case of errors or questions about any debit to your Bank Account relating to a Transfer initiated through the Service(s) or any charge against your Credit Card, telephone us at 1-800-MONEYGRAM or email us through the "Contact Customer Service" link on our Website at www.moneygram.com.
Contact us as soon as you can, if you think a transaction on your statement or a receipt for a Transfer is wrong or, if you need more information about a transfer listed in your statement or receipt. We must hear from you no later than 90 days after the FIRST bank statement on which the problem or error appeared. When you notify us, you should:
(a) provide your name, your User ID and Bank Account number;
(b) describe the error or the Transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information; and
(c) disclose the dollar amount of the suspected error.
If you notify us by telephone, we may require that you send us your complaint or question in writing within 10 business days.
We will tell you the results of our investigation within 10 business days after you notify us and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally re-credit your Bank Account or Debit Card Account within 10 business days for the amount you think is in error (including interest where applicable), so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not provisionally re-credit your account.
We will advise you of the results within three business days after we finish our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Except to the extent that MoneyGram is otherwise liable under this Agreement or by law, you agree to indemnify and hold MoneyGram, its shareholders, subsidiaries, affiliates, directors, officers, employees, agents, representatives, suppliers, Service Providers, and subcontractors harmless from any and all losses, liabilities, claims, demands, judgments and expenses, including but not limited to reasonable attorney's fees, arising out of or in any way connected with your use of or the performance of the Services. You provide this indemnification without regard to whether our claim for indemnification is due to the use of the Services by you or on your Bank Account or Debit Card Account.
21. In Case of Errors or Questions About Transfers from Your Bank Account
ALL QUESTIONS ABOUT TRANSFERS MADE WITH YOUR PASSWORD THAT ARE PAID FOR VIA A DEBIT TO YOUR BANK ACCOUNT THROUGH THE WEBSITE MUST BE DIRECTED TO US (MONEYGRAM) AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION HOLDING YOUR BANK ACCOUNT OR DEBIT CARD ACCOUNT. We are responsible for the Service(s) and for resolving any errors in Transfers made with your Password at the Web site.
We will not mail you a written statement listing Transfers made from your Bank Account or Debit Card Account in connection with the Service, but such information will be made available to you at our Website or on the account statement issued by your financial institution. SAVE THE RECEIPT FORMS YOU ARE GIVEN WHEN YOU USE YOUR PASSWORD FOR TRANSFERS THROUGH THE WEBSITE, AND CHECK THEM AGAINST THE INFORMATION AVAILABLE AT THE WEBSITE AND, IF APPLICABLE, AGAINST YOUR MONTHLY ACCOUNT STATEMENT RECEIVED FROM THE FINANCIAL INSTITUTION HOLDING YOUR BANK ACCOUNT OR DEBIT CARD ACCOUNT. If you have any questions about a Transfer from your Bank Account or Debit Card Account contact customer service through the link on this Website or call MoneyGram at 1-800-MONEYGRAM.
IF YOUR PASSWORD IS LOST OR STOLEN, NOTIFY CUSTOMER SERVICE AT ONCE by e-mailing customer Service through the link on this Web site, or call MoneyGram at 1-800-MONEYGRAM.
22. Change in Terms Notice
We may change the terms and conditions of this Agreement from time to time, at our sole discretion, and (a) if required by law, sending a notice of such change or a copy of the amended agreement to your last address or email address shown in our records or (b) if required by law, posting a notice at the Website. Prior notice may not be given, however, when not required by law or where an immediate change is necessary for security purposes. By continuing to use the Service(s) after any such change, you agree to be bound by the changed terms and conditions of this Agreement as of the effective date of such changes.
MoneyGram may, without notice (except as required by law) and without liability to you, refuse to honor any instruction for a Transfer or terminate or suspend your access to the Services at any time and for any reason, including without limitation, if: (a) you attempt to transfer or charge funds from an account that does not belong to you or from an account which does not have sufficient available funds, or if you are paying by credit card, there is an insufficient available line of credit; (b) your financial institution attempts to charge back or reverse a Transfer entered into using a Service on the basis of a dispute related to a Transfer; (c) you use a Service, directly or indirectly, for any unlawful or improper purpose; (d) you provide incorrect or false information about yourself, your Bank Account, Debit Card Account, Credit Card Account or about a Receiver; (e) you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Services or any Web site; (f) MoneyGram receives conflicting claims regarding ownership of, or the right to withdraw funds from, a Bank Account, Debit Card Account or Credit Card Account; (g) you have breached a term or condition of this Agreement, or any representation or warranty that you make under this Agreement is false; (h) MoneyGram determines that your Profile is inactive; or (i) MoneyGram believes that any Transfer you initiated may be fraudulent or impermissible, violate any applicable law, rule or regulation or otherwise expose you or MoneyGram to risk of loss. To close your Profile, contact Customer Service through the Website. If MoneyGram closes your Profile for any reason MoneyGram may, in its sole discretion, cancel your pending Transfer requests.
24. System Malfunctions/Limitations
Neither MoneyGram nor any Service Provider shall be liable for any loss or damage resulting from a cause outside its direct control, including the failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, "hacking," unauthorized access, theft, operator error, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, acts of terrorism, or government restrictions, or for any information lost due to malfunction or loss of any email systems.
25. Disclaimer of Warranties
YOU EXPRESSLY AGREE AND UNDERSTAND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, MONEYGRAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
26. Our Liability; Limitations
If, after receiving a fully paid, timely, complete and accurate Transfer request in accordance with these Terms & Conditions, MoneyGram does not complete a Transfer on time or in a correct amount according to this Agreement, MoneyGram will be liable only for your proximately caused actual damages as set forth below, to the extent required by applicable law. Without limiting the generality of the preceding sentence, MoneyGram will not be liable if:
(i) through no fault of MoneyGram, your Bank Account, Debit Card Account or Credit Card Account, as applicable, does not contain sufficient available funds or credit for us to debit the account or charge against the Credit Card Account in the amount of the Transfer and applicable fees (including Consumer Fees) and charges;
(ii) you attempt to Transfer funds in excess of the Transfer limits or in violation of any other provision set forth in this Agreement;
(iii) the Website or other system, including MoneyGram's money transfer network, was not working properly and you knew or had been advised about the malfunction before you completed the Transfer;
(iv) you did not follow all instructions properly;
(v) MoneyGram does not correctly receive your instructions due to a telecommunications failure or otherwise;
(vi) a Receiver or Biller refuses or fails to pick up or accept a Transfer;
(vii) circumstances beyond MoneyGram's control prevent any Transfer;
(viii) a Profile has been closed or suspended;
(ix) upon the occurrence of any other facts representing an exception to MoneyGram's liability as stated in this Agreement;
(x) Circumstances that are beyond our control (such as fire, flood or computer breakdown or problems with a telephone line or Internet failure) prevent or impede the transmission, despite reasonable precautions we have taken;
(xi) The funds in your Bank Account are subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting transfers at the time we attempt to debit your Bank Account for payment of a money transmission you initiated at our Website; or
(xii) The information you have supplied to us is incorrect, incomplete or not timely.
There may be other exceptions.
If MoneyGram, a Representative or a Service Provider is deemed liable to a Sender in connection with any Transfer made or not made in accordance with this agreement, the maximum aggregate liability of MoneyGram or such Service Provider shall be the amount of the Transfer plus the Consumer Fee, without interest, unless otherwise required by applicable law. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER MONEYGRAM NOR ANY SERVICE PROVIDER SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF MONEYGRAM OR THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE CLAIM ARISES DUE TO MONEYGRAM'S, ITS SERVICE PROVIDER'S, OR ITS REPRESENTATIVE'S NEGLIGENCE RELATING TO HUMAN OR MECHANICAL ERROR OR OTHERWISE OR TO MONEYGRAM'S, ITS SERVICE PROVIDER'S OR ITS REPRESENTATIVE'S OTHER FAULT, ERROR, OMMISSION OR NONPERFORMANCE. NEITHER MONEYGRAM, ITS REPRESENTATIVE NOR ANY SERVICE PROVIDER WILL BE LIABLE FOR ANY VARIANCES OR SERVICE DELAYS DUE TO LOCAL REGULATIONS OR CAUSES BEYOND THE CONTROL OF MONEYGRAM, ITS REPRESENTATIVE OR SERVICE PROVIDER.
27. Use of Information and Disclosure to Others
You may not assign this Agreement to any other party. MoneyGram may assign this Agreement or delegate certain of its rights and responsibilities under this Agreement to third parties without notice to you.
29. No Waiver
MoneyGram shall not be deemed to have waived any of its rights or remedies under this Agreement unless such waiver is in writing and is signed by the party alleged to have waived. The delay or failure of MoneyGram to exercise or enforce any right or remedy in connection with this Agreement shall not constitute a waiver of such right or remedy or any other rights or remedies. A waiver on any occasion shall not be construed as a bar or waiver of any rights or remedies on any other occasion.
30. General Information
This Agreement constitutes the entire agreement between you and MoneyGram regarding the use of the Services, and supersedes any prior agreements between you and MoneyGram to the extent that they might otherwise apply to the Services. Otherwise, any such other agreements remain in full effect in accordance with their terms. This Agreement and the relationship between you and MoneyGram shall be governed by the laws of the state of Minnesota without regard to its conflict of law provisions. You agree to submit to the jurisdiction of the courts located within the state of Minnesota. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that to the extent any statute or law to the contrary may be modified hereby, any claim or cause of action arising out of or related to the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or it will be forever barred. You agree that each Service Provider is a third party beneficiary of this Agreement for purposes of indemnity and limitations on liability.
31. Arbitration for Transfers Originating Outside of California
Any controversy or claim arising out of or relating to this Agreement with respect to Transfers originating outside of California or the provision of Services by MoneyGram outside of California shall be settled by binding arbitration administered by the American Arbitration Association under its commercial arbitration rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration shall be initiated in Minneapolis, Minnesota and this exclusive arbitration remedy shall not be maintained unless initiated within one (1) year after the controversy or claim arose. Either you or MoneyGram may seek any interim or preliminary relief from a court of competent jurisdiction in the state of Minnesota necessary to protect the rights or property of you or MoneyGram (or MoneyGram's Representatives, suppliers, Service Providers or subcontractors) pending the completion of arbitration. You and MoneyGram shall sign all documents and do all other things necessary to submit any such matter to arbitration and further agree to submit to arbitration and to abide by the decision rendered in arbitration.
By accessing and using the Services on the Website, you agree to the terms and conditions of this Agreement.
© 2009 MoneyGram. All rights reserved. (10.09)