MoneyGram® money transfer services ("Services") are provided by MoneyGram Payment Systems, Inc. ("we", "us" or "MoneyGram") through our Website, mobile site and through our network of agents, authorized delegates and other permitted entities ("Agents"). These Terms and Conditions, along with any forms, receipts, acknowledgements, or other documentation completed or used in connection with your use of the Services, including any pre-transaction or post-transaction disclosures, constitute the entire agreement ("Agreement") between you, the individual purchaser of the Services ("you" or "Sender") and MoneyGram.
Additional information regarding the Services may be available and obtained online at moneygram.com or by asking an Agent. The Services, the underlying money transfer ("Transfer") and certain aspects of the Services and Transfer (including, but not limited to, Agent hours, Agent access, currencies held by an Agent, and the amount of a Transfer ("Transfer Amount"), may, as applicable, be delayed, restricted, forfeited, or ultimately unavailable due to certain laws and regulations governing our Services as well as certain circumstances and conditions associated with your use of the Services. We will report the Transfer and Transfer Amount, and other information relating to you and/or the use of the Services, to the appropriate legal or regulatory authorities, governing bodies or entities when necessary or appropriate pursuant to the laws and regulations governing our Services.
Electronic Consent and Communications
As a condition of your use of the Services, you consent to: having your bank account debited (or credited), your debit card account debited (or credited) and/or your credit card account charged against electronically to pay for any Transfers you initiate, as well as any applicable fees, including Transfer 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").
You must use your User ID and a private security code created by you that permits access to your Profile (your "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.
Contact us AT ONCE at 1-800-922-7146 or email us through the "Contact Us" link on our Website at moneygram.com/contactus 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.
Communications may be posted on the Website (or other Website(s) disclosed to you) and/or delivered to the email address you provide. You agree that these are reasonable procedures for sending and receiving electronic communications.
Signing Up to Use the Services. Eligible Users
In order to use either Service, you must be a United States resident; you must be at least 18 years of age; and you must apply to create an informational record that will be maintained by MoneyGram or its service providers based upon the information supplied by you (a "Profile"). You cannot send a Transfer on behalf of a third party. Other restrictions may apply. You can apply to create a Profile by entering the required information on the Website, establishing your User ID and Password, and agreeing to the terms of this Agreement. If MoneyGram accepts your application, it will open your Profile and activate the Service(s) you have requested. Both your User ID and Password are highly confidential and should not be shared with any other party.
Verification of Information
In an effort to combat money laundering activities and the funding of terrorism, the law requires 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). 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 create 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 representing that all of the information provided by you in your Profile or on our Website is accurate.
MoneyGram has the right to terminate your Profile and to refuse to process (or may reverse) any Transfer at any time, including but not limited to: (a) if it believes, in its sole discretion, you are using a Service for any illegal or improper purpose or (b) 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; (c) we have reason to believe any Transfer may not be authorized by you; (d) any Transfer involves funds subject to a hold, dispute or legal process preventing their withdrawal from the bank account or debit card account; (e) 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; (f) any Transfer is not in accordance with any other requirement stated in this Agreement or any of our policies, procedures or practices; or (g) for our protection or yours, we have reasonable cause not to process a Transfer request. You agree that neither MoneyGram nor any Agent or Service Provider will be held responsible or liable to you or any other person for such action except as required by law.
For each Transfer you initiate for payment online 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 Transfer Fee, and charges. Whether the Transfer is made by debit of your bank account, 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. 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 Automated Clearing House ("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.
The individual designated by you to receive the Transfer ("Receiver") may receive the funds sent by you at our Agents in Expected Destinations. As used herein, an "Expected Destination" generally means, for money transfer transactions from the United States that are to be received within the United States ("Domestic Transfers"), the State designated by you where the Receiver is to receive the Transfer within the United States or a State contiguous to such designated State; and for money transfer transactions sent from the United States that are to be received outside of the United States ("International Transfers"), the country or territory, as applicable, designated by you where the Receiver is to receive the Transfer. Depending on the type of Service selected by you, the disbursement of the Transfer will generally occur in the form of cash, money order, check, account deposit, or a combination of these payout methods ("Payout Methods"). Under certain circumstances, the Receiver may request a Payout Method that differs from the Payout Method you have selected and you authorize MoneyGram to honor the Receiver's election. A Transfer is deemed disbursed by us and delivered, and we have no further liability to you, except as set forth below, when it is actually disbursed by our Agent (or notice of the Transfer's disbursement is made available to us by the bank or account provider holding the account or their designee) to the Receiver, subject to the Receiver Identification provisions herein. Status tracking of a Transfer to an account may not be available from us. Certain Expected Destinations may impose taxes, fees, and or tariffs upon the Receiver's receipt of, or access to, the Transfer. All fees charged by us as part of the Transfer ("Transfer Fees" or "Consumer Fees"), all taxes collected by us and charged to you as part of the Transfer ("Transfer Taxes") and all applicable third party fees that are required to be disclosed to you ("Other Fees") shall each be as identified on the applicable pre-transaction and post-transaction disclosures generated with your Transfer. The financial institution that holds your bank account, debit card account or credit card account may impose fees in connection with your purchase of a Service. 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 fee. Transactions which (i) exceed certain amounts; (ii) are to certain Expected Destinations; (iii) implicate any legal, compliance or other regulatory issues; or (iv) are sent through delayed delivery options may take longer than anticipated for delivery, may be subject to dollar limits or may be subject to additional restrictions and may affect the ability for the Transfer to be disbursed. At no time will either you or the Receiver have a deposit with MoneyGram.
Receiving an ExpressPayment® Transaction
MoneyGram will usually make information concerning your payment available to a company that has authorized MoneyGram to accept payments on its behalf from consumers (a "Biller") within ten (10) minutes after MoneyGram's receipt of your payment on a day other than a Saturday, Sunday or banking holiday, that banks in the United States are open for business to the public (a "Business Day"). 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 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 a MoneyGram Location. 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.
Subject to applicable law, (i) your Transfer may be cancelled for a refund of the Transfer Amount, unless the Transfer has been disbursed or deposited by us at the time we received your cancellation request and (ii) except as described below, the Transfer Fees associated with your Transfer are usually not refundable. To cancel a Transfer or request a refund, contact the MoneyGram Online Electronic Operations Center through the Website or via phone at 1-800-922-7146. All refund requests for Domestic Transfers will be subject to MoneyGram's review and discretion and will normally be processed within thirty (30) days of receipt of a valid written request unless a shorter period is required by law. Effective October 28, 2013 (i) International Transfers may be cancelled for a full refund of the Transfer Amount and all Transfer Fees or Transfer Taxes paid by you within thirty (30) minutes after you have made the payment for the Transfer, unless such International Transfer has already been disbursed by us at the time of such oral or written cancellation request and (ii)you may be entitled to a full refund of the Transfer Amount and all Transfer Fees or Transfer Taxes paid by you if an error has occurred as set forth above or as otherwise provided under applicable law. Your rights regarding the Transfer are further explained under the applicable disclosures generated in connection with such International Transfer.
If MoneyGram determines that you are entitled to a refund, it will be credited to your original funding source, (which may be your bank account, debit card account or credit card account, as applicable).
The following provision only applies to transfers in the US and Commonwealth of Puerto Rico: If you ask us to make a Transfer to be collected in cash and the Transfer amount has not been collected within 90 days, we will treat the Transfer as no longer capable of execution (an "Expired Transfer"). We will have no obligation, after that 90 day period, to execute an Expired Transfer. If an Expired Transfer occurs, you will be entitled to a refund of the amount of the Expired Transfer. If you become aware that a transferred amount has not been collected please contact us to ask for a refund.
Identification, Test Questions and Reference Numbers
We reserve the right to require, and may be legally required to obtain, documentation that will identify you and/or any Receiver in connection with any purchase and/or use of our Services ("ID"). In some Agent locations, the Receiver may also be required to provide a test question answer, instead of ID, to receive the Transfer. Test questions may not be available in certain Agent locations or Expected Destinations. While you will receive a reference number that corresponds to your Transfer ("Reference Number"), such Reference Number is not always required to receive a Transfer where other identification means (such as ID receipt or test questions) are utilized. MoneyGram shall not have any liability in the event that the Transfer is disbursed, when and as applicable, to an individual who properly answers a test question, provides ID to the Agent describing such person as the Receiver (even if such ID was false or forged), or provides the Reference Number.
Receipts and Records of Transfers
After your Transfer is sent, please save the receipt to your local hard drive for your records and/or print out a copy of the receipt. 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 logging in and clicking on the My Account link found at moneygram.com.
Exchange Rate; Currency Availability
In addition to the Transfer Fees applicable to your Transfer, if the Transfer is an International Transfer, a currency exchange rate may be applied. United States currency is converted to a foreign currency at an exchange rate set by us ("Exchange Rate"). The Exchange Rate described on any pre-transaction and post-transaction disclosures provided by MoneyGram to you has been rounded to the number of decimal places identified on such disclosures. The number of decimal places used by MoneyGram to convert the currency into foreign currency may be greater than that displayed on the disclosures. Any difference in the Exchange Rate disclosed to you in writing and the exchange rate received by MoneyGram will be kept by MoneyGram (and/or its Agents in some cases). Payouts will generally be made in the national currency of the Expected Destination ("Local Currency"). In some countries or territories you may designate a payout currency other than the Local Currency. The payout currency, whether expressed in the Local Currency or otherwise, shall be reflected in the pre-transaction and post-transaction disclosures. Because not all currencies are available in all Agent locations, please ask an Agent or contact us by visiting moneygram.com or calling 1-800-922-7146 for information regarding the currency Exchange Rate or the currencies available in the Expected Destination.
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 attorneys' 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 attorneys' fees. You may be reported to a collection agency or credit bureau if you do not pay for any Transfer or Transfer 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.
LIABILITY. UNLESS APPLICABLE LAW REQUIRES OTHERWISE, YOUR EXCLUSIVE AND MAXIMUM REMEDY AGAINST MONEYGRAM IS REFUND OF THE TRANSFER AMOUNT PLUS ANY TRANSFER FEES CHARGED BY MONEYGRAM. NO OTHER REMEDY IS AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO ANY REMEDY FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. THESE LIMITATIONS APPLY WHETHER YOUR CLAIM ARISES DUE TO MONEYGRAM OR ITS AGENTS' NEGLIGENCE, OTHER FAULT, ERROR, OMISSION OR NON-PERFORMANCE. WE ACCEPT NO RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF A RECEIVER'S BANK, SERVICE PROVIDER OR THEIR DESIGNEES
ARBITRATION. UNLESS OTHERWISE SPECIFIED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE TRANSFER, THE AGREEMENT OR BREACH OF THIS AGREEMENT, INCLUDING STATUTORY CONSUMER CLAIMS, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE
ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. ANY SUCH ARBITRATION SHALL BE INITIATED AND HELD IN THE OFFICE OF THE AAA CLOSEST TO THE AGENT LOCATION WHERE YOU INITIATED THE TRANSFER. EACH PARTY SHALL BEAR ITS OWN COSTS AND FEES FOR EXPERTS AND ATTORNEYS, AND NO PARTY SHALL HAVE A RIGHT TO PARTICIPATE AS A MEMBER OF ANY CLASS OF CLAIMANTS. THIS EXCLUSIVE ARBITRATION REMEDY SHALL NOT BE AVAILABLE UNLESS INITIATED WITHIN ONE YEAR AFTER THE CONTROVERSY OR CLAIM AROSE.
This Agreement is governed by Minnesota law without regard to its conflicts of law rules, supersedes all prior agreements or understandings between you and MoneyGram, and cannot be modified orally. In the event of any conflict between the English version of our Agreement with you and any non-English version, the English version shall control and govern. Services are directed to persons 18 years and over, may not be used for escrow purposes or gambling, and may only be used for a lawful purpose. You represent, warrant and acknowledge to MoneyGram that (i) all information you supply to us as part of this Agreement is truthful, accurate and complete, (ii) you have received and reviewed a pre-transaction disclosure and/or receipt in connection with your purchase of Services and that the information contained on such documentation is complete and accurate and (iii) your use of the Services does not violate any law, including without limitation, laws relating to money laundering, illegal gambling activities, support for terrorist activities or fraud. You shall indemnify MoneyGram and its Agents for all losses of any kind (including attorney's fees) arising out of any breach of the Agreement by you or by the Receiver. MoneyGram may refuse to provide Services to any person.
Change in Terms
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 disclose your personal information to third parties as outlined in the MoneyGram Privacy Statement, which is available on our website at www.moneygram.com or by calling 1-800-926-9400. Disclosed information may include, but is not limited to, your contact information, your identification, information about the Transfer or your use of the Services, or other information relating to financial matters. The information may be disclosed to financial institutions, our Agents, our service providers, or governmental or other regulatory agencies (including law enforcement officials within or outside of the United States), and direct marketers. To opt out of receiving information about our products and services, email email@example.com or call 1-800-926-9400. To help protect your personal information, we endeavor to use reasonable security measures.