1. PLEASE READ THIS AGREEMENT (DEFINED BELOW) CAREFULLY. THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION PROVISION ARE SET FORTH IN THE SECTION BELOW ENTITLED “ARBITRATION AND WAIVER OF CLASS REMEDY AND JURY TRIAL.”
2. BY ACCESSING, USING OR ATTEMPTING TO USE THE SERVICES (DEFINED BELOW) IN ANY CAPACITY, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
3. AS EXPLAINED IN FURTHER DETAIL IN THE SECTION BELOW ENTITLED “ELECTRONIC COMMUNICATIONS,” AUTHORIZATION TO ELECTRONICALLY RECEIVE ANY AND ALL COMMUNICATIONS (DEFINED BELOW) IS A CONDITION OF ACCESS TO AND USE OF THE SERVICES, MEANING THAT IF YOU REVOKE YOUR CONSENT TO RECEIVE SUCH COMMUNICATIONS AND DISCLOSURES ELECTRONICALLY YOU UNDERSTAND THAT YOU MAY NOT CONTINUE TO ACCESS OR USE THE SERVICES.
The MoneyGram® online money transfer services ("Services") are provided by MoneyGram Payment Systems, Inc. ("we", "us", "our" or "MoneyGram") through our website (moneygram.com) and mobile site (collectively, the "Website") and our network of agents, authorized delegates and other permitted entities (each an "Agent"). 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", "your" or "Sender") and MoneyGram.
A. ELECTRONIC COMMUNICATIONS
B. THE MONEYGRAM ONLINE SERVICES
We do not offer all of the Services to all countries. Additional information regarding the Services may be available and obtained at the Website or by asking an Agent. The Services, the underlying 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 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.
What this means for you: As part of the application to establish a User Account, or the process to initiate a Transfer through the Website, we will ask you for personal information, such as your name, street address, date of birth, and other information that will allow us to identify you. We may also request a copy of your driver’s license or other identifying documents or information at any time. Notwithstanding any provision herein to the contrary, we may obtain information about you from your mobile carrier or data providers authorized by your mobile carrier or other third party sources, in order to verify your identity, administer your User Account, or identify and/or prevent fraudulent activity. You authorize your mobile carrier and their data sources, to provide your account/subscriber information to us, including (if applicable) your name, address, e-mail and device data for these purposes. We reserve the right to take any and all lawful steps that we deem necessary or appropriate in order to verify the information you provide, including, but not limited to, obtaining consumer reports. If you refuse or fail to provide the requested information, or if we are unable to verify the information you provide and/or verify your identity to our satisfaction, MoneyGram, in its sole discretion, reserves the right to decline to establish a User Account for you, to provide you with access to the Services, and/or to discontinue your access to or use of any previously-established User Account or any Services at any time. Furthermore, you may be subject to civil and criminal proceedings.
YOUR PASSWORD IS HIGHLY CONFIDENTIAL AND SHOULD NOT BE SHARED WITH ANY OTHER PARTY. You agree to assume the entire responsibility at all times for the supervision, management, control and confidentiality of your User ID and password. You agree that, to the extent permitted by law, you assume the entire risk for all use, including any fraudulent or unintentional use, of your User ID and 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 User ID and password to any other person or if your User Account is otherwise compromised.
CONTACT US AT ONCE AT 1-800-922-7146 OR E-MAIL US THROUGH THE "CONTACT US" LINK ON OUR WEBSITE IF YOU BELIEVE YOUR USER ID AND/OR PASSWORD HAS BEEN LOST OR STOLEN OR YOUR USER ACCOUNT IS OTHERWISE COMPROMISED.
Once your User Account is established, you may conduct Transfers by entering your User ID and password on the Website to login to your User Account and following the instructions for the type of Transfer you wish to conduct.
Records and related Communications regarding your Transfers will be posted in the “User Account” section of the Website. You may access these records and Communications at any time by logging in to your User Account and clicking on the “My Account” link.
You agree that by submitting information to establish a User Account, or by initiating any Transfer or otherwise accessing or using the Services, you are representing that all of the information that you have provided, or which is currently in your User Account, is complete and accurate in all respects.
MoneyGram is entitled to rely on any information you provide, and you understand that it is your responsibility to promptly update your information with us if your e-mail address or other information contained in your User Account, or that you have otherwise provided to MoneyGram, has changed. You may update your User Account information by following the instructions on the Website.
All Communications we send will be deemed to have been provided to you if they are sent to you using the contact information that you have provided, or that we have on file for you, at the time the Communication was sent.
To deactivate your User Account, contact us through the “Contact Us” link on our Website at https://secure.moneygram.com/contact-us. If we suspend or deactivate your User Account for any reason, we may, in our sole discretion, cancel your pending Transfer requests. Please note that if your User Account is deactivated for any reason, you will not be able to use the Services until you have obtained a new User Account through the process described above.
Additionally, redemption of a MoneyGram xpress prepaid package ("xpress Prepaid Package") that was previously purchased through an Agent, may only be redeemed at moneygram.com/xpress.
MoneyGram reserves the right to impose restrictions on each Transfer Amount. Any such limitations and/or other applicable restrictions on the Transfer will be posted on the Website or disclosed at the time you initiate a Transfer. As an example, there are limits on the amount you are able to send. We will, as necessary, tell you what they are.
All fees to be imposed by MoneyGram for the Transfer (each, a "Transfer Fee"), 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 by us ("Other Fees"), shall each be as identified on the applicable disclosure(s) generated with your Transfer. The provider of your Payment Method may impose additional fees in connection with your use, or attempted use, of your Payment Method to make payment for a Transfer. Fees imposed by such provider or by any other person not directly a party to the Transfer, such as the Receiver's financial institution, may not be reflected in any pre-payment disclosure or on the Receipt (defined below).
In addition, it is possible that other taxes or costs may apply to the Transfer that are not imposed by MoneyGram or paid through MoneyGram which may not be reflected in any pre-payment disclosure or on the Receipt for your Transfer. Transfers which (i) exceed applicable limits; (ii) are sent to certain Expected Destinations (defined below in Section B.6); (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 limitations on amount or may be subject to additional restrictions which may affect the ability for the Transfer to be disbursed.
We reserve the right to refuse a Transfer or restrict the funds of a Transfer from being collected by the Receiver if we reasonably believe that: (a) doing so might be prohibited by law, regulation, code or other duty or requirement applicable to MoneyGram or any Agent or Service Provider; (b) doing so may expose MoneyGram, any Agent or Service Provider to action from any government or regulatory body; or (c) it may be connected to fraudulent or illegal activities. In certain circumstances legal or regulatory requirements may prevent us from being able to share with you the specific reason(s) why we are unable to send your requested Transfer. A Transfer made in conjunction with an initial application for a User Account will be delayed until your identity and funding information has been fully confirmed by MoneyGram.
For each Transfer you initiate, you authorize MoneyGram (or any party authorized by MoneyGram) to debit or charge, as applicable, your selected Payment Method for the Transfer Amount, plus any applicable fees, including the Transfer Fee, and charges. Whether the Transfer is made by debit of your bank account or debit card account or a charge to your 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 or credit are available in your bank account, debit card account, credit card account or MoneyGram xpress Prepaid Package, 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 to MoneyGram if MoneyGram completes 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.
If we receive instructions to initiate a Transfer via an ACH debit to your bank account on or before 5:00 p.m. Central Time on any 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"), we will attempt to debit the funds from your bank account on such Business Day. If you initiate a Transfer via ACH debit to your bank account after this cut-off time or on a day that is not a Business Day, we will debit the funds from your bank account on the following Business Day. Cut-off hours are not applicable if you initiate a Transfer using your debit card or credit card.
Following your initiation of and payment for the Transfer, we will provide you with a post-transaction Communication ("Receipt") which will serve as your record of the Transfer. Please retain the Receipt for your records by printing a copy or saving it to your local hard drive. Additionally, records of all Transfers that you initiate will be posted and updated in your User Account, which may be accessed through the Website using your User ID and Password.
You agree to regularly check for information related to Transfers on your bank account, credit or debit card statements, and through your User Account on our Website, and you agree to contact us immediately if you have any questions or issues regarding any Transfer made through the Services.
Where a Domestic Transfer or International Transfer is sent to a Receiver that is an individual (i.e., a person-to-person Transfer), the Receiver may receive the Transfer Amount at a MoneyGram Location in the Expected Destination designated by you at the time you initiate the Transfer.
As used herein, an "Expected Destination" means: (I) for Domestic Transfers and ExpressPayment Transfers, the State or territory designated by you where the Receiver is to receive the Transfer within the United States or a State or territory contiguous to such designated State or territory; or (II) for International Transfers, the country or territory, as applicable, designated by you where the Receiver is to receive the Transfer. The disbursement of the Transfer will generally occur in the form of cash, money order, check, send to an account, or a combination of these payout methods (each, a "Payout Method").
Under certain circumstances, the Receiver may request or accept a Payout Method that differs from the Payout Method you have selected and you authorize MoneyGram to honor the Receiver's election or acceptance at MoneyGram’s discretion.
Except for ExpressPayment Transfers, you will receive a reference number that corresponds to your Transfer (“Reference Number”). Have your designated Receiver provide such Reference Number to receive the Transfer. We reserve the right to require, and may be legally required to obtain, documentation or information that will help us to identify your designated Receiver in connection with any purchase and/or use of our Services (“ID”). In some Agent locations, the Receiver may 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. YOU MUST NOT GIVE YOUR DETAILS, THE RECEIVER’S DETAILS, THE REFERENCE NUMBER, OR TEST QUESTION AND ANSWER TO ANYONE OTHER THAN YOUR DESIGNATED RECEIVER. You agree to take actions reasonably necessary to ensure that such details are not disclosed to any other individuals. MoneyGram’s obligations to you shall cease once the Transfer is disbursed to an individual who: correctly answers a test question (if applicable); provides ID to the Agent which describes the Receiver designated by you; or, provides the correct Reference Number.
A Transfer is deemed disbursed by us and delivered, and we have no further liability to you, except as set forth below, when, as applicable (A) we have transferred the relevant amount to the Issuer, Biller or Carrier, or its designee; or (B) for person-to-person Transfers, the Transfer is actually disbursed by us or our Agent to the Receiver, subject to the Receiver identification provisions above. We will not contact the Receiver to advise them when the Transfer is available for collection; this is something you will need to do. Collection may only be made during the relevant Agent’s operating hours and subject to local regulations and compliance requirements. Certain Expected Destinations may impose taxes, fees, and or tariffs upon the Receiver's receipt of, or access to, the Transfer.
C. CONTACT DETAILS, ERROR RESOLUTION AND CUSTOMER SERVICE INFORMATION
We are committed to ensuring that you receive high quality service from us. In the event that you are dissatisfied with the Services or believe an error has occurred with your Transfer, please contact us as soon as possible. For full details of our complaints procedure or customer protection advice, or to submit a complaint, comment or question, you can:
If you call us we may ask you to follow up with details in writing within ten (10) working days.
Please see the applicable disclosures generated in connection with your Transfer for information regarding the reporting and resolution of any errors with respect to your Transfer.
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.
E. OUR LIABILITY; LIMITATIONS; DISCLAIMER OF WARRANTIES
If, after receiving a fully paid, timely, complete and accurate Transfer request in accordance with this Agreement, 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, to the extent required by applicable law.
UNLESS APPLICABLE LAW REQUIRES OTHERWISE, YOUR EXCLUSIVE AND MAXIMUM REMEDY AGAINST MONEYGRAM IS A REFUND OF THE TRANSFER AMOUNT PLUS ANY REFUNDABLE 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 AN ISSUER, BILLER OR CARRIER OF RECEIVER’S BANK, OR ANY OF THEIR SERVICE PROVIDERS OR THEIR DESIGNEES.
WE WILL NOT BE LIABLE TO YOU: (A) FOR ANY DELAYS OR MISTAKES, OR ANY CLAIMS, LOSSES, OR DAMAGES, RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS, (B) FOR ANY CLAIMS, LOSSES, OR DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH THESE TERMS, COMMUNICATION SYSTEM FAILURES, OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM; (C) IF WE ARE UNABLE TO COMPLETE A TRANSFER BECAUSE YOU HAVE INSUFFICIENT FUNDS FOR US TO DEBIT AGAINST OR THE FUNDS ARE SUBJECT TO A HOLD, LEGAL PROCESS OR OTHER CLAIM RESTRICTING TRANSFERS AT THE TIME WE ATTEMPT TO DEBIT YOUR BANK ACCOUNT OR DEBIT CARD, OR THERE IS INSUFFICIENT CREDIT AVAILABLE ON YOUR CREDIT CARD; (D) IF YOU DID NOT FOLLOW THE TRANSFER INSTRUCTIONS PROPERLY; (E) IF YOU DID NOT PROVIDE US WITH CORRECT, COMPLETE OR TIMELY INFORMATION; OR (F) IF YOUR RECEIVER REFUSES OR FAILS TO ACCEPT OR COLLECT A TRANSFER.
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.
F. ARBITRATION AND WAIVER OF CLASS REMEDY AND JURY TRIAL
UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO A TRANSFER, THE AGREEMENT OR BREACH OF THIS AGREEMENT, INCLUDING STATUTORY CONSUMER CLAIMS (EACH, A “DISPUTE”), SHALL BE SETTLED EXCLUSIVELY BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS COMMERCIAL ARBITRATION RULES AND, WHERE APPROPRIATE, THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (“AAA CONSUMER RULES”), BOTH OF WHICH ARE AVAILABLE AT THE AAA WEBSITE AT WWW.ADR.ORG. YOU UNDERSTAND THAT ABSENT THIS SECTION (F), YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
THE DETERMINATION OF WHETHER A DISPUTE IS SUBJECT TO ARBITRATION, IF CONTESTED, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT AND DETERMINED BY A COURT RATHER THAN AN ARBITRATOR. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY THE AAA RULES AND, WHERE APPROPRIATE, LIMITED BY THE AAA CONSUMER RULES. IF SUCH COSTS ARE DETERMINED BY THE ARBITRATOR TO BE EXCESSIVE, WE WILL PAY ALL ARBITRATION FEES AND EXPENSES. THE ARBITRATION MAY BE CONDUCTED IN PERSON, THROUGH THE SUBMISSION OF DOCUMENTS, BY PHONE OR ONLINE, AT YOUR ELECTION, SUBJECT TO THE DETERMINATION OF THE ARBITRATOR. IF IN PERSON, ANY ARBITRATION HEARING THAT YOU ATTEND SHALL TAKE PLACE IN THE FEDERAL JUDICIAL DISTRICT OF YOUR RESIDENCE.
RESTRICTIONS. YOU AND WE AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. ANY DISPUTE MUST BE INITIATED WITHIN ONE YEAR AFTER THE COMPLAINING PARTY DISCOVERS THE FACTS THAT FORM THE BASIS FOR THE CONTROVERSY OR CLAIM, OR IT IS FOREVER WAIVED.
Exceptions to Arbitration. You and we agree that the following Disputes (and only these Disputes) are not subject to the above provisions concerning binding arbitration and may be brought in any court having jurisdiction over the parties and subject matter: (1) any suit to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (2) any suit to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed.
Severability. You and we agree that if any portion of this Section (F) is found illegal or unenforceable, that portion shall be severed and the remainder of the Section (F) shall be given full force and effect.
G. CHANGES TO THIS AGREEMENT
We may change or modify the terms and conditions of this Agreement from time to time, at our sole discretion. We agree to notify you of such changes or modifications by: (a) if required by law, sending a notice of such change or a copy of the amended agreement to your last address or e-mail address shown in our records; or (b) if required by law, posting a notice at the Website. Prior notice of changes may not be given, however, when such notice is not required by law or where an immediate change is necessary for security purposes. By continuing to use the Services or initiating Transfers 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.
H. PRIVACY NOTICE
For information regarding how we use, share and safeguard your personal information, please see our Privacy Statement available here on our Website at http://www.moneygram.com/us/en/privacy-policy or by calling 1-800-926-9400.
I. STATE SPECIFIC INFORMATION
MoneyGram is licensed or otherwise authorized to operate as a money transmitter in various U.S. states and territories. If you are a resident of certain states, you may have additional rights under such state’s laws. Please see the applicable state Legal Notices at http://www.moneygram.com/us/en/legal-notices.