CONSUMER FRAUD ALERT: PROTECT YOURSELF. BE CAREFUL WHEN A STRANGER ASKS YOU TO SEND MONEY, ESPECIALLY FROM UNSOLICITED E-MAILS, FOR INTERNET AUCTIONS, NEWSPAPER OR TELEPHONE OFFERS.
Notify us immediately if you believe your username and password have been lost or stolen or if someone may use them without your permission.
FOR SECURITY REASONS, WE RECOMMEND THAT YOU SEND MONEY THROUGH THE SERVICE ONLY TO PEOPLE YOU KNOW PERSONALLY. YOU MUST NOT USE THE SERVICE TO SEND MONEY TO STRANGERS OR IN VIOLATION OF ANY APPLICABLE LAWS.
Terms and Conditions (effective as of December 18, 2018)
1. Contract Formation and Overview
- Moneydart Global Services Inc. d/b/a Xpress Money ("Moneydart," "we," "us," or "our") NMLS ID # 1026711 is a New York corporation with its headquarters at 1000 Woodbridge Center Drive, Woodbridge, NJ 07095, USA. These terms and conditions (the "Terms and Conditions") govern the terms under which you, as defined in Paragraph 1.2, may access this Website and use the services associated with it (the "Service"). By accessing, registering and using the Service, you agree to be bound by these Terms and Conditions.
- The term "you" or "your" refers to any user of the Service, in the capacity of a Customer, Sender, Recipient, or Visitor of the Website.
- These Terms and Conditions are effective as of the date first written. The Terms and Conditions may change from time to time, but any change will only be effective from the date it is made and will not change the terms on which you previously used the Service.
- The Service was created to assist Customers with sending money to and receiving money from family and friends around the world. For security reasons, we recommend that you only send money to people you know personally. You must not use the Service to send money to strangers.
In these Terms and Conditions, unless the context otherwise requires, the following words and phrases shall have the meaning assigned to them hereunder.
- Alert means advice, caution or notice relating to the Service issued or to be issued by us to you through a text message or an email.
- Beneficiary/Receiver refers to the person or bank account designated by you to receive money through the Service.
- Business Day means any day that is not a Saturday, Sunday, bank or public holiday in the locality/country where the Visitor is located and/or the Receiver receives the payment.
- Customer/User means a registered user of the Service.
- Customer Account means the account opened by the Customer on the Website in accordance with the Terms and Conditions.
- Money Transfer Funds means all monies received or collected from or on behalf of the Customer in respect of all Transactions initiated by the Customer, including, but not limited to, Transaction Amount and all fees and charges.
- Payment Account means the bank account details of the Customer provided to Moneydart at the time of registration for the Service, to be used to transfer the Transaction Amount to the Beneficiary and to pay the applicable service charges for the use of Service.
- Payment Instrument means a valid instrument of payment such as a bank account.
- Registered User ID means the unique identifier chosen by the Customer at the time of registration on the Website to access the Website and any Service.
- Registered User Password means the password that is chosen by the Customer/User at the time of registration on the Website.
- Sender means someone who uses the Service to send money.
- Service Provider means a local bank, money exchange house, financial institution or other third-party service provider with whom Moneydart has relationship with for providing the Service.
- Supervisory Authority means Consumer Financial Protection Bureau, pursuant to the enactment of Dodd-Frank Wall Street Reform and Consumer Protection Act and any other applicable regulating authority.
- Transaction means a specific instruction made by the Customer/User to send money using the Service to a Beneficiary/Receiver.
- Transaction Amount means the amount of money that the Customer/User wishes to send to the Beneficiary/Receiver, excluding any applicable fees.
- Visitor means any person, who accesses or visits the Website, whether or not such person has a Registered User ID and includes any Customer/User.
- Website means money2anywhere.com domains, subdomains or subdirectories including access by computer mobile or mobile application.
By creating a Registered User ID and Registered User Password, you hereby agree that:
- You will not access, use or attempt to use the Service as a Sender unless you are at least 18 years old, and that you have the legal capacity to form a binding legal contract in the relevant jurisdiction.
- You shall not create more than one Registered User ID.
- You will provide true, accurate, current and complete information concerning your identity and promptly update this information to keep it true, accurate, current and complete if it changes.
- We may terminate your registration and refuse access to and use of the Website or Service, including the cancellation of pending transactions, if we reasonably believe that you provided information that is untrue, inaccurate, not current or incomplete or that you are using the Service in breach of these Terms and Conditions or any applicable laws, rules or regulations.
- We may request from you, at any time and from time to time, additional information and/or proof of authenticity of any information previously provided; your continued access to the Website and the Service, including the completion of any ongoing transaction, may be subject to the receipt by us of such additional information or proof.
- You will be solely and absolutely responsible for maintaining the secrecy and confidentiality of your Registered User ID and Registered User Passwords, including personal identification numbers.
- You are solely and absolutely responsible and liable for all Transactions and activities that occur using your Registered User ID and Registered User Password including any unauthorized use or misuse of the Registered User ID and/or Registered User Password and Moneydart will have no obligation to verify the authenticity of any such Transaction or activity.
- You will unconditionally indemnify us and hold us harmless against any liability, costs, damages, claims, suits, and proceedings based upon or relating to any unauthorized access and/or use of your Registered User ID and Registered User Password.
- Without prejudice to the foregoing Para. 3.8, you will log out from your account at the end of each session and immediately notify our customer service by Email at firstname.lastname@example.org or by phone at 1(866) 808-2703 of any suspected loss, theft or unauthorized usage of your Registered User ID or Registered User Password, any other breach of security, any receipt of confirmation of a Transaction, fund or other activity which you did not authorize, or any inaccurate information in your Customer Account balances or transaction history.
- If you forget your Registered User Password, we may, upon your written request and subject to verification of your identity to our satisfaction, either send the Registered User Password or generate a new temporary password, at our sole discretion, and send you such password at the e-mail address provided by you at the time of registration for the Service. If we send you a new temporary password, you shall change the temporary password as soon you receive it, and until such time you register your new password, this password shall be deemed to be your Registered User Password and you will be responsible and liable for all Transactions made with such password.
- To the extent permissible by applicable law, we shall have the right (but not the obligation) to require the Customer/User to communicate instructions and authorize and execute Transactions and other activities by means of secure electronic records and secure digital signatures in addition to, or in place of, the use of any password(s).
4. Payment Account Verification
You hereby acknowledge and agree that:
- Moneydart may engage third-party suppliers ("Supplier") to verify your identity and your authority and access to Payment Account. By using the Service, you authorize Moneydart and Supplier to access third party internet sites, servers or documents, retrieve information, and use your information, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with the verification. YOU ACKNOWLEDGE AND AGREE THAT WHEN MONEYDART OR SUPPLIER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, MONEYDART AND SUPPLIER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account verification providers shall be entitled to rely on the foregoing authorization.
- The Challenge Deposit Verification Service is an alternate method of verifying your access to an external Payment Account. By using the Challenge Deposit Verification Service, you authorize Moneydart and Supplier to make up to two micro value transactions (less than USD1.00) to the Payment Account specified by you. You will thereafter verify to Moneydart and/or Supplier the amounts deposited to the Payment Account.
- You agree that the results of the verification service are for use by you and Moneydart and its Service Providers only in connection with the Service.
5. Use of the Website
You acknowledge and agree that:
- Moneydart reserves the right to change the Website or any feature or Service of the Website. Moneydart may advise you of any such changes by sending you an Alert or by notification on the Website.
- You are responsible for obtaining, maintaining and ensuring compatibility of your own equipment when using the Website. Moneydart will not be responsible for any loss of or damage to your data, software, computer, telecommunications or other equipment caused by your use of the Website. You are responsible for ensuring that your equipment is free from viruses and other malware. Moneydart will not be responsible for any losses incurred by your failure to do this.
- Moneydart does not warrant that your access to the Website and use of the Service will be uninterrupted, continuous or error free or free from infection by viruses or anything else with contaminating or destructive properties. Moneydart shall not be liable to you for any loss, expense, damage, delay, costs, or compensation (whether direct or indirect or consequential) which may be suffered by you or incurred by you arising from or in any way connected with any interruption or inability to access the Website.
6. Conduct of Customer/Users
You acknowledge and agree that:
- For each Transaction that you submit, you will be charged a service fee/charge as applicable in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction. You authorize Moneydart to charge your Payment Account for the Money Transfer Funds. You understand and acknowledge that Moneydart has no obligation to process or complete a Transaction if Moneydart is unable for any reason to obtain authorization or settlement of the funds from charging your Payment Account.
- In the event the charge to your Payment Account is subsequently returned, charged-back or cancelled for any reason, and Moneydart has already processed your Transaction, you will be responsible to Moneydart for the amount. In such an event, we reserve the right to mark lien on the Beneficiary/Receiver account where such funds were credited and continue the lien until such time the funds are returned. You agree to pay such amount, plus any applicable service fee or in-sufficient funds fee applicable to the return, to Moneydart immediately upon demand.
- You will provide true, accurate, current and complete information regarding the Beneficiary/Receiver for all Transactions.
- We do not accept any liability for damages resulting from non-payment or delay in payment of a money transfer to a Beneficiary/Receiver or failure to perform a transaction under the Service.
- When you pay for a Transaction in one currency and the Receiver is paid in another currency, there will be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. We and our Service Providers may have a profit or loss in these circumstances because the rate at which we or our Service Providers obtain foreign currency may not be the same as the exchange rate provided to you. If a Receiver's account is denominated in another currency, there may be delays, additional charges or different exchange rates. Please ensure the currency requested for the transaction is the same as the currency of the account where the funds are to be delivered. If additional charges are incurred due to incorrect information provided by you, the amount received by the Receiver will be reduced by the amount of such additional charges.
- It is your responsibility to ensure all transaction details are accurate prior to submission of the Transaction. You will be given the opportunity to review the transactions details before submission of the Transaction for processing. Once a Transaction has been submitted for processing it is not normally possible to change the details.
- We are not responsible for any fees or charges you may incur when utilizing a particular Payment Instrument to fund a Transaction. These may include but are not limited to unauthorized overdraft fees imposed by banks if there are insufficient funds in your bank account or "cash advance" fees, credit/debit card charges and additional interest which may be imposed by your bank if they treat the Service as a credit transaction rather than a cash transaction.
- You will use the Service only to send money to people that you know personally and not to pay for any goods or services. If, in breach of this clause, you choose to pay third parties for goods and services using the Service, you acknowledge that we have no control over, and are not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk. If we reasonably believe you are using the Service to purchase goods or services, we reserve the right to cancel your transaction(s).
- Both Customer and Receiver will act on behalf of their respective selves. You may not submit or receive a Transaction on behalf of a third party. If you intend to submit or receive a Transaction on behalf of a company, business or a third party individual, you must first inform us of your desire to do so and provide us with such additional information as we deem fit about the company, business or third party individual, in order that we may decide whether to permit the transaction.
- In using the Service you will comply with these Terms and Conditions as well as any applicable laws, rules or regulations. You will not use the Service to send money:
- to a recipient who has violated the Terms and Conditions, or
- in connection with illegal activity including without limitation money-laundering, fraud and the funding of terrorist organizations.
- If you use the Service in connection with illegal activity or any activity which seem suspicious, we will report your Transaction(s) to the appropriate legal authorities.
- We may, as is necessary to provide the Service, store all information required of a Receiver to prove his or her identity or associated with the Receiver's specific Transaction. Such proofs may include, but are not limited to, a suitable form of valid, unexpired identification from a list of acceptable documents provided by the Service Provider, and/or a transaction tracking number, a personal identification number (PIN), a "password," a "secret word" or other similar identifiers as we or our Service Provider may deem fit.
- In case we do not receive the Transaction Amount and fee/charges, and the Transaction Amount is credited/paid out to the Beneficiary/Receiver, Moneydart shall have the right to recover the Transaction Amount along with all associated charges from the Customer. By initiating a Transaction on the Website, you are aware and agree that the funds may be credited to the account of the Beneficiary prior to receipt of funds from you by Moneydart. In such an event, we reserve the right to mark lien on the Beneficiary/Receiver account where such funds were credited and continue the lien until such time the funds are returned. You further agree that a mere demand from Moneydart in such circumstances shall be good reason for you to pay the shortfall/loss without any demur or delay.
- The Service Provider may credit/payout the Transaction Amount only after it has received a confirmation that funds have been received in its bank account. If it comes to the notice of Moneydart that you had insufficient funds in the Payment Account from which you requested the Transaction or you have provided wrong details of designated bank account, Moneydart or the Service Provider may cancel the Transaction and you shall bear full liability and responsibility for the same. In the event the insufficiency of funds is learned by Moneydart after the Recipient has received the Transaction Amount, you will be liable to reimburse Moneydart (as applicable) of the amount remitted and any other charges and costs incurred by Moneydart and/or the Service Provider. You agree to pay such amount immediately upon Moneydart's demand. Moneydart shall also be entitled to inform any credit bureau or any other person or entity including the law enforcement agencies if you fail to pay/reimburse such amount or any part thereof.
7. Other Terms
You acknowledge and agree that:
- Subject to these Terms and Conditions, we agree to provide the Service using reasonable care. The Service may not be available in whole or in part in certain regions, countries, or jurisdictions.
- We are not obliged to process any particular Transaction. When you submit a Transaction, you are requesting that we process the Transaction on your behalf. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. However, if we decide not to process the Transaction, we will notify you promptly of that decision and repay the money paid to us.
- We reserve the right to modify or discontinue the Service or any part of the Service without notice, at any time and from time to time. We may, in our absolute discretion or subject to such applicable laws, refuse any Transaction or limit the amount transferred, either on a per transaction basis or on an aggregate basis, and either on individual accounts or on related accounts.
- We may, in our sole discretion, refuse transactions from a certain Sender or to a certain Receiver, including but not limited to entities and individuals on restricted or prohibited lists issued from time to time by the OFAC, UN, US Department of State, US Department of Justice, US Department of Treasury, US Department of Homeland Security and such other authorities as may be applicable. In addition, not all Payment Instruments are available to all Customers at all times and we may, in our sole discretion, refuse Transactions funded from certain Payment Instruments.
- We will attempt to process Transactions promptly, but any transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your transaction instructions; to contact you; or otherwise to comply with applicable law; or due to variations in business hours and currency availability.
- We will attempt to provide Customer and Receiver with up to date information regarding the location and opening hours of our Service Providers by means of information on the Website. However, you agree that we shall not be held responsible for any inaccuracies that may appear in that information or any consequential loss which may result from incorrect or incomplete information.
- We conduct our services in a transparent manner and do not withhold any information from Customer pertaining to Customer's Transaction. The requisite information pertaining to Customer's Transaction is disclosed to Customer in the manner and form required by the Supervisory Authority.
- Reference to a particular gender shall be deemed to include a reference to the other genders and singular shall include the plural and vice versa and the word "includes" should be construed as if the words "without limitation" appear thereafter.
8. Refunds, Concerns and Complaints
You must contact us within 180 days of the date we promised to you that funds would be made available to the recipient. When you do, please tell us:
- Your name and address and telephone number;
- The error or problem with the transfer, and why you believe it is an error or problem.
- The name of the person receiving the funds, and if you know it, his or her telephone number or address; and
- The dollar amount of the transfer; and
- The confirmation code or number of the transaction.
We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation.
What to do if you want to cancel a remittance transfer:
You have the right to cancel a remittance transfer and obtain a full refund of all funds paid to us including any fees. In order to cancel, you must contact us at 1-866-808-2703 and/or email@example.com within 30 minutes of payment for the transfer.
When you contact us, you must provide us with information to help us identify the transfer you wish to cancel, including the amount and location where the funds were sent. We will refund your money within three business days of your request to cancel a transfer as long as the funds have not already been picked up or deposited into a recipient's account.
- Unless otherwise specifically stated herein, if you wish to exercise your right to cancel a Transaction under this clause, you must submit a written request to Customer Service, at firstname.lastname@example.org by email or by mail to 1000 Woodbridge Center Drive, Woodbridge, NJ 07095, such written request to include: the Customer's full name, address, and phone number, the transaction tracking number, Transaction Amount, and the reason for your refund request.
- If Receiver rejects your funds or you request a refund outside the timing or other requirements of Para. 8.1, we may charge you a fee to refund the Transaction Amount back to your Payment Account after deducting the applicable fee for the Service rendered.
- We will only refund the Transaction Amount if the transaction was not already paid to the Receiver (in which case we will also cancel any pending Transaction to the same Receiver).
- Refunds will be credited to the same Payment Instrument used to pay for the Transaction. Refunds are only made in USD. Refund amounts will not be adjusted to account for changes in the value of the USD or foreign currency from the time your Transaction was submitted to the time of refund.
- Notwithstanding the foregoing, residents of certain jurisdictions should read the following:
For Alaska Residence Only:
If your issue is unresolved by Moneydart Global Services Inc., DBA Xpress Money, DBA Money2anywhere, DBA Remit2india please submit formal complaints with the State of Alaska, Division of Banking & Securities.
Formal complaints must be in writing, please download the form here: https://www.commerce.alaska.gov/web/portals/3/pub/DBSGeneralComplaintFormupdated.pdf
Formal complaint forms may be submitted via:
- Fax: 907-465-1230
- Email: email@example.com
- Mail: Division of Banking & Securities PO Box 110807 Juneau, AK 99811-0807
If you have questions regarding formal complaints, please call 907-465-2521
You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement, if we do not forward the funds received from you within ten (10) days of the date of its receipt of such funds, or we fail to give instructions committing an equivalent amount of funds to the person designated by you within ten (10) days of the date of the receipt of the funds from you unless otherwise instructed by you.
If your instructions as to when the funds shall be forwarded or transmitted are not complied with and the funds have not yet been forwarded or transmitted, you have a right to a refund.
If you want a refund, you must mail or deliver your written request at: Customer Service, firstname.lastname@example.org by email or by mail to 1000 Woodbridge Center Drive, Woodbridge, NJ 07095. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney's fees pursuant to Section 2102 of the California Financial Code.
If you have complaints with respect to any aspect of the money transmission activities conducted at this location, you may contact the California Department of Business Oversight at its toll-free telephone number, 1-866-275-2677, by email at email@example.com or by mail at the Department of Business Oversight, Consumer Services, 1515 K Street, Suite 200, Sacramento, CA 95814.
Entities other than FDIC insured financial institutions that conduct money transmission activities in Colorado, including the sale of money orders, transfer of funds, and other instruments for the payment of money or credit are required to be licensed by the Colorado Division of Banking pursuant to the Money Transmitters Act, Title 11, Article 110, Colorado Revised Statutes.
If you have a question about or problem with your transaction—the money you sent—you must contact the money transmitter who processed your transaction for assistance. The Division of Banking does not have access to this information.
If you are a Colorado resident and have a complaint about the money transmitter—the company that sent your money, all complaints must be submitted in writing. Please fill out the Complaint Form provided on the Colorado Division of Banking's website and return it and any documentation supporting the complaint via mail or email to the Division of Banking at: Colorado Division of Banking, 1560 Broadway, Suite 975, Denver, CO 80202.
Section 11-110-120, C.R.S. requires that money transmitters and money order companies post this notice in a conspicuous, well-lighted location visible to customers
Moneydart is a licensed money transmitter under Chapter 560, Florida Statutes. For suspected violations of Chapter 560, Florida Statutes, call Moneydart at 1-866-808-2703 or contact the Florida Office of Financial Regulation, 200 East Gaines Street, Tallahassee, FL 32399-0376, (850) 487-9687.
The Illinois Division of Banking will accept complaints at 888-473-4858, or by mail at: 320 West Washington Street, Springfield, Illinois 62786.
The Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints from Maryland residents regarding Moneydart (License # 1026711, NMLS # 1026711) at: 500 North Calvert Street, Room 402, Baltimore, Maryland 21202. Phone number: 888-784-0136.
We will cooperate with a lead investigative agency, law enforcement, or prosecuting authority that is investigating maltreatment of a vulnerable adult and comply with reasonable requests for the production of financial records as authorized under section 13A.02, subdivision 1 of Minnesota law. We are immune from any civil or criminal liability that might otherwise result from complying with this subdivision.
Moneydart holds an electronic money transfer license issued by Rhode Island Department of Business Regulation – Division of Banking
If you have a complaint, first contact the consumer assistance division of Moneydart at 1-866-808-2703. If you still have an unresolved complaint regarding the company's money transmission or currency exchange activity, please direct your complaint to the Texas Department of Banking: 2601 North Lamar Boulevard, Austin, TX 78705-4294, 1-877-276-5554 (toll free), www.dob.texas.gov
Entities other than FDIC insured financial institutions that conduct money transmission activities in Washington State, including the sale of payment of money or credit are required to be licensed. If there are questions or concerns regarding a transaction with a licensee please contact the Washington State Department of Financial Institutions at (360) 902-8703 or by mail at: Department of Consumer Services, 150 Israel Road Southwest, Olympia, WA 98504-1200.
To file a complaint, please provide: the name of the company, office location, and who you contacted at the company; your name, mailing address, and ten digit phone numbers; and a simple explanation of the problem, with a list of events in chronological order, making sure to include names and dates. Be specific and as brief as possible. For electronic submission, please complete the form found on the website: www.dfi.wa.gov under Consumer Information: File a Complaint.
You, the customer, are entitled to a refund of all moneys received for transmission within ten (10) days of receipt of a written request for refund unless any of the following occurs:
- The monies have been transmitted and delivered to the Receiver prior to receipt of the written request for a refund;
- Instructions have been given committing an equivalent amount of money to the person designated by the Customer prior to receipt of a written request for a refund;
- We or our authorized delegate has reason to believe that a crime has occurred, is occurring, or may potentially occur as a result of transmitting the money as requested by the Customer or refunding the money as requested by the Customer; or
- We are otherwise barred by law from making a refund.
9. Cancelling Payments (other than as permitted in Para. 8.1)
- In the case of a cancellation request not complying with the error or cancellation procedures stated in Para. 8.1, upon your request in writing along with the copy of the money transfer receipt, we may at our sole discretion, cancel the transfer before it is paid out to the intended recipient/ credited to the Beneficiary's bank account and refund the transaction amount after deducting the fees of transaction cancelled and such other charges as maybe incurred by us. Our noncompliant cancellation charge at present is $100 per transaction.
- We do not encourage cancellation. The Customer/User cannot cancel or amend any instructions once provided, except as specifically detailed on the Website. Additionally, when the registered user places a request to cancel an instruction or a transaction that has been authorized by the Customer/User, such cancellations is not guaranteed by us. In certain cases a Customer request for cancellation may be acted upon if the payment has not been transmitted to the Receiver. Under no circumstances can cancellation request be accepted for Transaction which has been delivered to the Receiver.
- In the case of any request to cancel, in writing, not complying with the Para. 8.1 procedures, all cancellation requests shall be subject to the rules governing cancellations (including cancellation charges) of the intermediary banks/financial service institutions/other money service businesses that makes the payout to the intended Receiver. The amount refunded to you upon cancellation will be after deducting our cancellation charges and cancellation or back end charges of correspondent bank/financial service institution /intermediary. You, the registered user shall be refunded by check ONLY, the USD equivalent of the local currency and the conversion shall be done at the exchange rate (our buying rate) prevailing on the day of cancellation or our buying rate prevailing at the day of initiation of transfer, whichever is lower. This rate can be different from the applied rate and could cause monetary loss to you. You shall also not be refunded the fees charged for the Service. We shall try to complete the refund process within 30 days of receiving the written request for cancellation.
- Cancellation request in writing should be forwarded by email to firstname.lastname@example.org or by regular mail to: Moneydart Global Services Inc,
1000 Woodbridge Centre Drive,
Woodbridge, NJ 07095, USA
- In case of error committed by us in executing a Transaction for reasons which fall within the purview of our Service parameters, the error shall be resolved in the manner and procedure required by the Supervisory Authority. We assume no other liabilities arising out of or linked to a failed money transfer. No refund shall be made by Moneydart if, because of inaccurate or erroneous identification or information, payment has been made to one other than the named Beneficiary.
In case where you think that a transfer was not made properly or was never received by the intended Receiver you must inform us immediately. We shall not be obligated to make any refunds for delayed payments unless and until we have received confirmation of the effective cancellation of the transfer, and then a full refund, less fees and telex charges will be refunded.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUPPLIERS, AGENTS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.
You agree to indemnify and hold Moneydart, its affiliate partners, Service Providers, and their respective subsidiaries, officers, directors, owners, agents, partners, employees, licensors, licensees and consultants harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the agreement, or your violation of any rights of a third party. You shall stand indemnified, right to initiate legal proceedings, wherein there is a breach of any terms and conditions by Moneydart and its affiliate partners shall be specifically excluded from the purview of legal action. Moneydart, its affiliates partners and Service Providers shall stand indemnified wherein the Services are availed by you in foreign jurisdictions where the Website or Services cannot be offered without prior legal or regulatory compliance. Moneydart reserves the right, at its own expense, to assume the exclusive defense and control of any matter and you shall not in any event settle any matter without the written consent of Moneydart.
12. Limitation of Liability
EXCEPT FOR CLAIMS UNDER SECTION 2102 OF THE CALIFORNIA FINANCIAL CODE ARISING FROM TRANSACTIONS ORIGINATING IN CALIFORNIA, IN NO EVENT SHALL MONEYDART, ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Moneydart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF Moneydart, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS.
13. Intellectual Property
- The Website and the Service, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by us, our affiliates, or third parties.
- All right, title and interest in and to the Service shall remain our property and/or the property of such other third parties.
- The Service may be used only for the purposes permitted by these Terms and Conditions or described on this Website. You are authorized solely to view and to retain a copy of the pages of the Website for your own personal use.
- You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Website, the Service or any portion thereof for any public or commercial use without our express written permission.
- You may not: (a) use any robot, spider, scraper or other automated device to access the Website or the Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Website (or printed pages of the Website). The name Money2Anywhere and other names and indicia of ownership of Moneydart products and/or services referred to on the Website are our exclusive marks or the exclusive marks of other third parties. Other product, service and company names appearing on the Website may be trademarks of their respective owners.
- We are responsible for acting on remittance requests; collecting funds in foreign currency converting it into the respective receive currency and remitting it to the Beneficiary/Receiver as instructed by the Customer.
- We shall not be responsible for any error or omission made by the Customer/User while posting the transaction details in or otherwise providing the information required to use a Service, or any consequences of such error or omission.
- Although we adopt security measures which we consider appropriate for the Website we do not warrant that the Website is immune from hacking, or that unauthorized access that may impair the working of the Website.
- We have not verified and shall not be responsible for any information or content on Websites linked to or with the Website.
- Access and use of the Website and any Service provided by the Website is entirely at your own risk.
- If we are unable to complete the transaction to the Beneficiary/Receiver because of the incorrect information provided by you about the Beneficiary, such as wrong or misspelled name, a wrong or misspelled address, the wrong bank or bank account or any other misinformation, you will be liable for any costs, fees, expenses and losses that we may incur in returning the transaction amount to you, such as processing costs, losses arising due to exchange rate fluctuations, service charges and exchange commissions.
- You, agree that we shall not be responsible for any delay, failure to execute or mis-execution of your Transaction request which is beyond our control, whether caused by acts of omission by any intermediary bank, war riots, governmental or court orders, or any other similar circumstances. We do not warrant the functionality of the Service or the accuracy, adequacy or completeness of any information related thereto.
- We do not guarantee the cancellation of the Transaction once provided. The Transaction/(s) request may be cancelled only if the cancellation request is received and acted upon before the Transaction request is executed by us.
- The timeframes mentioned for the Transaction to reach the Beneficiary is 5 to 6 Business Days unless there is a delay in delivering the funds to your Beneficiary which might either be a bank credit or cash pick up at an agent location as chosen by you due to unforeseen circumstances you cannot hold us responsible for the same. We do not guarantee you in any way on the time lines mentioned.
- The information, material, suggestions, displayed on the Website are termed as contents and we assume no responsibility for any mistakes, omissions, inaccuracies, typographical errors etc., and do not take any warranty regarding any content on the Website.
- We use the service of third parties and make no warranty on behalf of such third parties and will not be liable for any loss or damage of any sort incurred of transactions or dealings between you and such third party service providers.
- Clicking on certain portions or links within the Website might take you to other websites without any intimation or indication of doing or having done so. The linked websites may not be under our control and we assume no responsibility whatsoever for the content, availability, performance or otherwise of such websites.
- We also do not represent or warrant that these links shall operate satisfactorily. We provide these links only as a convenience and links to external websites do not constitute an endorsement by us of such other websites, the sponsors of such websites or the content, products, advertising or other materials presented on or by such websites.
- We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of such other websites or reliance on or availing of any content, goods or services available on or through such other websites.
- The links on the Website may take you to other websites or to other locations within the Website where other services are provided. We shall not be responsible or liable with regard to any such services available on such linked sites and any other website which may be linked to or from our Website.
We take security very seriously and work hard, using state-of-the-art security measures, to make sure that your information remains secure. Our Service is a safe and convenient way to send money to friends and family and to other people that you trust. HOWEVER, WE DO ADVISE YOU TO CONSIDER CAREFULLY PRIOR TO SENDING MONEY TO ANYONE THAT IS NOT PERSONALLY KNOW TO YOU. IN PARTICULAR, BE CAUTIOUS OF DEALS OR OFFERS THAT SEEM TOO GOOD TO BE TRUE - THEY MAY BE SCAMS. IF YOU ARE AWARE OF ANYONE OR ANY ENTITY THAT IS USING THE SERVICE INAPPROPRIATELY, PLEASE EMAIL YOUR COMPLAINT TO US. SIMILARLY, IF YOU RECEIVE ANY EMAILS PURPORTING TO BE FROM US, WHICH YOU SUSPECT MAY BE "PHISHING" (FAKE) EMAILS, PLEASE FORWARD THEM TO US.
16. Governing Law and Jurisdiction
- The Service and the Terms and Conditions entered into on or through the Website and the relationship shall be governed by and construed in accordance with the laws of New Jersey, notwithstanding the Conflicts of Law principles.
- Transactions shall be subject to all applicable laws including notifications, rules, by-laws, regulations, procedures and guidelines issued by the applicable Federal or state authorities and other relevant Supervisory Authorities.
- You agree that all claims, differences and disputes arising under or in connection with or pursuant to the Service, the Terms and Conditions, any Transactions entered into on or through the Website or the relationship between you and us shall be subject to the exclusive jurisdiction of the competent courts located in New Jersey and you hereby accede to and accept the jurisdiction of such courts. Provided that, notwithstanding what is stated above, if we in our sole discretion may institute proceedings against you in any other court or tribunal having jurisdiction over the matter.
- We accept no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of United States of America. The mere fact that the Website can be accessed or used or any Service can be availed in a country other than United States of America, does not mean that the laws of such country would be applicable.
- Subject to the other Terms and Conditions and applicable law, the Website and the Service are offered to one & all. However, the Services are not available to any residents in foreign jurisdictions where the Website or Service cannot be offered without prior legal or regulatory compliance.
- You shall have the sole responsibility to verify whether the Website and the Service can be accessed and utilized in your respective jurisdictions.
17. Fees and Charges
- We may, in it our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per Transaction basis or on an aggregated basis. We reserve the right at any time and from time to time to modify or discontinue the Service (or any part thereof with or without notice).
- You authorize us to charge your Payment Account for any applicable Service fees and charges for your use of the Service in accordance with the Service fee schedule in effect at the time you make a Service request.
- You acknowledge and agree that we or our designated Service Providers involved in processing a Transaction may charge a currency conversion fee for converting the U.S. dollar payment to the local currency.
- The fee for this currency conversion may vary. You may obtain more information on the applicable currency conversion fee on the Website at the time of booking the Transaction. Find the charges for various countries here https://www.money2anywhere.com/index.html
- You agree that we might contact you either through phone, email or other means of communication for explaining about the product, or to ask information to confirm to statutory or legal requirements.
- You agree to accept all subsequent disclosures (including, without limitation, disclosures required under federal law or state laws relating to privacy or electronic fund transfers) and other communications between you and us on this Website or at the primary email address you provided during registration. You may print and retain a copy of all such disclosures and communications by using your personal computer and printer, in the event that your primary email address changes, you must notify us. You may revoke your consent at any time by contacting customer service.
- The Website, Terms and Conditions, the Visitor's/Customer/User's access to or use of the Website are not intended to create an agency, partnership, joint venture or employer-employee relationship between the Visitor/ Customer/User on the one hand and us and our affiliates, alliance partner or service provider on the other hand.