Money Transfer Terms and Conditions
1. INTRODUCTION
1.1. The MoneyGram® money transfer service ("Service") is provided by MoneyGram Payment Systems, Inc. ("we") through a network of agents, authorized delegates, or other permitted entities ("Agents"). These Terms and Conditions, together with the Documentation (as defined in Section 1.3 below) used in connection with the Service to which these Terms and Conditions may be included or attached, constitute the entire agreement ("Agreement") between us and you, the individual sender of the Service ("you" or "Sender").
1.2. This Agreement and the Service allow you to send a money transfer (a "Transfer") to the person named on the form (the "Recipient") and allow you to (i) collect cash at a MoneyGram location (our "Cash to Cash" service); or (ii) receive into your bank account, such as a mobile wallet account (our "cash to account" service). These terms and conditions apply to both services, except where we say they apply to only one of them.
1.3. You must sign any other documentation relating to the Transfer, including all forms, receipts or acknowledgments of receipt (collectively, the "Documentation") in order to use the Service.
1.4. By using, or attempting to use, the Service in any capacity, you acknowledge that (i) you agree to the terms of this Agreement and (ii) you have read the Transfer Documentation and that the information described in the Documentation is accurate.
1.5. For cash-to-cash transfers, you may send money to a different “receiving country”. The Recipient can only pick up the money in the receiving country indicated on the form. Once the Agent has processed this form and received your money, the Recipient can pick up the money at any MoneyGram office in the receiving country within minutes (during opening hours) in cash, in the currency indicated on the form, unless condition 2.2 below applies. We will not contact the Recipient when the money is ready for collection, so this is something you will need to do.
1.6. We do not offer the Service in all countries. You can call us, visit our website or ask an Agent for the availability of our Service, and the addresses and opening hours of the locations that offer the Service.
2. FEES AND CURRENCY EXCHANGE
2.1. You must pay us the fee indicated in the form. We will not charge you any other fees for the Transfer.
2.2. You may only send money in one or more specified currencies. The Agent will tell you whether the currency of payment is available in the receiving country and (if different from the currency in which you pay us) what exchange rate will apply. The chosen currency, the agreed exchange rate and the converted amount will be indicated on the form. Taxes may be added depending on applicable law. For cash-to-cash transfers to certain countries: (i) if the transfer amount is indicated in U.S. dollars, and the recipient's agent does not pay in U.S. dollars, they will convert the money to the local currency using their standard or MoneyGram exchange rate; (ii) if the money (regardless of the foreign currency in which it is sent) is not cashed out within 45 days, the recipient's agent may recalculate the converted amount at the time of collection, using their standard or MoneyGram exchange rate.
3. TRANSFER RESTRICTIONS
There are limits on the amount you can send. The Agent will indicate, if applicable, what they are. We may refuse to send money or allow it to be collected if we reasonably believe that (a) doing so would violate any law, regulation, code, or other obligation applicable to us; (b) doing so could expose us to actions by any government or regulator; or (c) could be related to fraudulent or illegal activity.
4. CANCELLATION AND REFUND OF A TRANSFER
You do not have the right to cancel the transfer. However, we may cancel it before the Recipient collects or receives the money. If you wish to cancel the transfer and request a refund of the transfer amount, you can contact an agent or write to us attaching a copy of your completed form. We aim to process such requests promptly, but in any event within 30 days.
The MoneyGram Designated Agent will refund the transfer amount upon receipt of the sender's request, provided that the transfer has been pre-ordered with a balance and has not been paid to the payee. If the refund request is received after the payment of the transfer, no refund will be made, the Agent and MoneyGram will not be liable.
The Agent will make the refund to the sender's bank account for the full amount of the transfer. No refunds will be made to third-party accounts that are not listed on the transfer.
For transfers paid by Credit or Debit Card, the refund will be managed by the card-issuing bank, in accordance with its established policies and deadlines. Therefore, we recommend contacting your Bank directly for more information.
5. OVERDUE TRANSFERS
If you ask us to make a Transfer to be collected in cash and the amount of the Transfer has not been collected within 90 days, we will consider that the Transfer can no longer be executed (an "Overdue Transfer"). After that 90-day period, we will have no obligation to execute an Overdue Transfer. If there is an Overdue Transfer, you will be entitled to a refund of the amount of the Overdue Transfer. If you become aware that a transferred amount has not been charged, please contact us to request a refund.
6. IDENTIFICATION AND PAYMENT OF CASH-TO-CASH TRANSFERS
6.1. In order to collect the money and complete a Transfer, the following must be provided: (i) identification; (ii) the details of the recipient of the form; (iii) the name of the Sender; (iv) the amount of the Transfer; and (v) the 8-digit reference number.
6.2. We shall have no liability in the event that the Transfer is disbursed, where and as applicable, to a person who provides valid identification to the Agent describing such person as the Recipient (even if such identification is false or forged) and provides a Reference Number. You must not provide the data referred to in condition 6.1 to anyone other than the Recipient you have chosen. You should also make every effort to ensure that no one else can obtain them, for example, (i) by not letting anyone else see the form; (ii) not writing the reference number in such a way that it can be recognized, or allowing anyone to hear the Recipient tell the reference number; and (c) not to rely on a person (other than the Recipient) who attempts to assure you that it is safe to disclose some or all of that information to you.
6.3. FACE CAPTURE - VIDEO
The SENDER registers, in accordance with the electronic form that must be completed within the TECHNOLOGICAL PLATFORM, in accordance with the Know Your Customer (KYC) policies of RED CHAPINA and complying with all the requirements established by the laws regarding the prevention of Money Laundering or Other Assets, prevention of Financing of and the regulations issued by the Special Verification Intendency (IVE).
As part of the affiliation process, advance balance deposits and sending remittances, the user expressly accepts and authorizes the capture of their face through video as a mechanism for identity validation and proof of life verification. This measure is intended to ensure the security of transactions, prevent fraud, protect the user's identity, and comply with applicable regulatory requirements.
6.4 USE OF LOCATION AND GPS
To ensure compliance with the regulatory regulations applicable in the Republic of Guatemala, the application will use location services through GPS or similar technologies to verify that the use of the service is carried out exclusively within Guatemalan territory. The user expressly accepts and authorizes RED CHAPINA to access and use the location data of their mobile device while using the application. In the event that the system detects that the user is outside the territorial limits of Guatemala, RED CHAPINA reserves the right to restrict, suspend or terminate access to the remittance application, without any liability to the company.
7. ADDITIONAL CONDITIONS FOR CASH TRANSFERS ON ACCOUNT
7.1. We will send the money to the account you indicate in the form. For information on when a payment will be credited to that account, you will need to contact the recipient's account provider.
7.2. The Recipient's account provider may apply its own charges to the Transfer, which do not apply to us.
7.3. If you ask us to send money to an account and the transfer has not been successful or has never arrived, we will promptly refund your money and our fees, unless we can prove that the account provider has received the money or that there has been an error in the recipient's account details that you have provided to us.
8. SEPARATE AGREEMENTS
In addition to offering our Service, Agents may offer you their own products or services, such as currency exchange. These additional products or services are separate and independent of the Service, are offered under the Agent's own terms and conditions, and do not involve MoneyGram in any way. These additional products and services will likely have their own fees associated with them.
9. OUR RESPONSIBILITY
9.1. We will not be liable to you if we break this Agreement due to (i) abnormal and unforeseeable circumstances beyond our control where we have not been able to prevent the breach of this Agreement despite all efforts to the contrary – this may include, for example, delays or failures caused by industrial actions, problems with another system or network, mechanical breakdowns or failures in data processing; or (ii) our obligations under English law or other applicable laws to which we may be subject.
9.2. We will not be liable to you for more than the amount you send us and our fees. We will not be liable for any incidental, indirect, special, or consequential loss or costs suffered by you or, since this Agreement is entered into with you as a consumer, for any loss or business cost (such as loss of profits or business opportunities).
9.3. Our Service is for persons aged 18 and over and may not be used for custody or trust or gaming purposes, and may only be used for a lawful purpose. Please also read the fraud warnings on the form. If you ask us to pay someone who turns out to have defrauded you, or who fails to fulfil their obligations to you, we will not be liable for this.
10. OTHER TERMS
10.1. We will report money transfers to any government authority if we are required to do so by law.
10.2. The Transfer and use of our Service does not imply that you or the Recipient has a "deposit" or an account with MoneyGram.
10.3. These conditions have been prepared, and will be executed, in the English language, which will be the governing language for all purposes. Notwithstanding the foregoing, MoneyGram may communicate with consumers in English. In the event of a conflict between the English version of the Agreement and any translated version of the Agreement, the English version of the Agreement shall prevail and we will communicate with you in English.
10.4 This document contemplates that Red Chapina will be responsible to the regulator for transactions originating from the MoneyGram application, therefore clients must comply with the applicable regulations of Guatemala.
11. DATA PRIVACY
11.1. We collect and process the personal data of senders and recipients in order to provide our services. The scope of information collected will vary depending on the product or services, including contact and identification data. We share such data with third parties, such as affiliated companies or suppliers so that we can process your transactions, detect and prevent fraud and other illegal activities, such as money laundering operations or cooperating with criminal or government investigations in accordance with applicable law, as well as market our products and services. In addition, the personal information we collect is transferred outside the country of collection for international transfers and further processing. To learn more about our privacy practices and your rights, please visit www.moneygram.com/privacy-notice.
11.2. To opt-out of receiving marketing communications from us, you may (i) click on the "unsubscribe" link at the bottom of the MoneyGram marketing email you have received; (ii) reply "MGISTOP" to a text message or SMS; or (iii) contact us at privacyprogramoffice@moneygram.com.
12. CONTACT DETAILS AND CUSTOMER SERVICE INFORMATION
We are committed to ensuring that you receive a high-quality service from us. If you are not satisfied with our service or believe that an error has occurred in your transfer, please contact us as soon as possible. If you would like to know the full details of our complaint procedure or advice on consumer protection, or to file a complaint, you can - visit our website www.moneygram.com and submit the online form; - write an email to customerservice@moneygram.com; or - write to us at MoneyGram, Konstruktorska Business Centre, 13 Konstruktorska Street, Warsaw, Poland 02-673.