TERMS AND CONDITIONS FOR MONEYGRAM ONLINE SERVICES
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 Canada, Inc. ("we", "us", "our" or "MoneyGram") through our website (moneygram.ca) 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
- Scope of Communications to Be Provided in Electronic Form. You understand and agree that we may provide you with any or all of the following types of communications electronically: (i) legally required disclosures, notices and other communications associated with your access to or use of the Services, including, but not limited to information about fees or charges, and any and all legally required pre- and post- transaction disclosures; (ii) customer service communications; (iii) privacy policies and notices; (iv) changes to this Agreement, (v) statements, information and records regarding your Transfers; (vi) information regarding the debiting or charging, as applicable of your selected Payment Method; (vii) any and all legally required error resolution policies, and responses to claims filed in connection with your access to or use of the Services; (viii) any other communications related to your access to and/or use of the Services, and (ix) with your consent, marketing and other promotional communications (collectively, "Communications").
- Communications in Writing. All Communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of this Agreement and any other Communication that is important to you.
- Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (i) via e-mail, (ii) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (iii) to the extent permitted by law, on our Website or via SMS text message. You agree to promptly review all Communications sent to you, and that these are reasonable procedures for sending and receiving electronic communications.
- How to Update Your Records. To receive electronic Communications, at the time that you first use the Services, you must provide us with a true, accurate and complete e-mail address and your contact information, and you must promptly notify us of any changes to this information. You can update information (such as your e-mail address) through the Website.
- Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available to you, you must have an electronic device that enables access to your e-mail account or a commercially available Internet browser and a sufficiently recent version of Adobe Acrobat Reader; Adobe Acrobat Reader software is available without charge from Adobe Systems Incorporated. You may wish to utilize a device that is capable of storing or printing the Communications for your records.
- Requesting Paper Copies. If you have consented to receive electronic Communications, we will not send you a paper copy of any Communication unless we deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically. You may obtain a paper copy of any legally-required Communications and or agreements that you will be required to sign in order to authorize ACH debits/credits and/or for credit card transactions for up to 24 months after such Communication or agreement has been provided or made available to you electronically. You may request such a paper copy by sending a detailed written request to: Manager, Customer Service, MoneyGram Payment Systems Canada, Inc., 1500 Utica Ave. S., Suite 100, Minneapolis, MN 55416 U.S.A., or by contacting us via the "Contact Us" link on the Website at https://secure.moneygram.com/mgo/ca/en/contact-us.
- How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form at any time by writing to us at Manager, Customer Service, MoneyGram Payment Systems Canada, Inc., 1500 Utica Ave. S., Suite 100, Minneapolis, MN 55416 U.S.A., or by contacting us via the "Contact Us" link on the Website at https://secure.moneygram.com/mgo/ca/en/contact-us. Any withdrawal of your consent to receive electronic Communications will be effective only after we have received your request your request for withdrawal and have a reasonable period of time to process such request. In the meantime, you will continue to receive Communications in electronic form. By withdrawing your consent, you will no longer be able to use the Services. Withdrawing consent to receive marketing communications only does not preclude use of the Services, however, if you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected, and your previous electronic records will remain accessible for such period as is required under law and in a form that allows the record to be accurately reproduced to all persons who are entitled under law to access the record.
- Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
B. THE MONEYGRAM ONLINE SERVICES
- Description of the Services. The Services provide you with the ability to conduct an online transaction in which you, as Sender, send a designated amount of funds (the “Transfer Amount”) through MoneyGram (involving, in some instances, its Agents) to a designated recipient (the “Receiver”) (each such transaction, a “Transfer”). In connection with the Services, MoneyGram offers you the ability to conduct multiple types of Transfers, which are summarized as follows:
- Domestic Transfers – A person-to-person Transfer where the Receiver is able to collect the Transfer Amount at a MoneyGram or Agent location (“MoneyGram Location”) within any province or territory of Canada.
- International Transfers – A Transfer to a Receiver located in a foreign country (i.e., not a province or territory of Canada). For International Transfers, the Receiver may be either (a) an individual (i.e., the Transfer is a person-to-person transfer), or (b) the issuer of a bank account or prepaid card or mobile wallet account (each, an “Issuer”) where the purpose of the Transfer is to have the Issuer deposit the Transfer Amount to the designated bank account or load the Transfer Amount to the designated prepaid card or mobile wallet account, as applicable.
- Bill Payment Transfers – A Transfer to: (a) a Receiver that is a merchant that has authorized MoneyGram to accept payments on its behalf from customers (each, a “Biller”) where the purpose of the Transfer is to pay an amount owed by the Sender to the Biller in exchange for goods or services provided by the Biller; or (b) a Receiver that is a voice and/or data service provider that supplies connectivity services to mobile phone, tablets, and other similar devices (“Carrier”) where the purpose of the Transfer is to have the Carrier apply the Transfer Amount to credit a prepaid phone account designated by the Sender. Bill Payment Transfers may only be sent to Receivers located within a province or territory of Canada.
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.
- Use of the Services.
IN ORDER TO USE THE SERVICES, YOU MUST:
- be a Canadian resident and be at least eighteen (18) years of age (or the applicable age of majority and contractual capacity in your jurisdiction of residence); and
- have and use a valid User Profile (see Section 3 below for information regarding User Profile creation).
YOU MAY ONLY USE THE SERVICES FOR A LAWFUL PURPOSE, AND MAY NOT USE THE SERVICES (I) FOR ESCROW, TRUST OR GAMBLING PURPOSES, (II) TO SEND A TRANSFER ON BEHALF OF A THIRD PARTY, (III) TO PAY FOR INTERNET PURCHASES, OR (IV) TO SEND MONEY TO ANYONE YOU DO NOT KNOW OR, WITH RESPECT TO BILL PAYMENT TRANSFERS OR INTERNATIONAL TRANSFERS, TO A THIRD PARTY THAT IS NOT AUTHORIZED BY MONEYGRAM AS A BILLER, CARRIER OR ISSUER, AS APPLICABLE.
MoneyGram may, without notice (except as required by law) and without liability to you, refuse to honor any instruction for a Transfer, suspend or deactivate your User Profile (defined below), stop or reverse any Transfer, or otherwise suspend or terminate access to, or refuse to provide, any Services at any time in its sole discretion, including with limitation:
- if we believe, in our sole discretion, you directly or indirectly use, or attempt to use, the Services for any unlawful or improper purpose;
- if you provide incomplete, incorrect or false information about yourself, your Payment Method or about a Receiver;
- if you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Website or the Services;
- if you attempt to transfer or charge funds from a Payment Method that does not belong to you, does not have sufficient available funds (or credit, as applicable), or that has expired, or if your Payment Method is declined or your payment is blocked or reversed for any reason;
- if we have reason to believe any Transfer may not be authorized by you;
- if any Transfer involves funds subject to a hold, dispute or legal process preventing withdrawal from the relevant bank account or credit card account;
- if you have breached a term or condition of this Agreement, or any representation or warranty that you make under this Agreement is false;
- if we determine that your User Profile is inactive;
- if any Transfer would violate or contradict this Agreement or any of our policies, procedures or practices, or would violate any law, rule or regulation applicable to the Services, you or the provider of any Payment Method; or
- for our protection or yours, or the protection of any Agent, Issuer, Biller or Carrier, we have reasonable cause not to process the 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.
- Identification. 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 applies to establish a User Profile and/or initiates a Transfer through the Services.
What this means for you: As part of the application to establish a User Profile, 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 Profile, 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 Profile for you, to provide you with access to the Services, and/or to discontinue your access to or use of any previously-established User Profile or any Services at any time. Furthermore, you may be subject to civil and criminal proceedings.
- Website User Profile Account. You must have a valid user profile on the Website ("User Profile") in order to use the Services. You can apply through the Website to establish a User Profile by entering your personal information, selecting a "User ID" (which is your e-mail address and is used for identification purposes) and password, and confirming your acceptance of this Agreement. If MoneyGram accepts your application, it will establish your User Profile and activate it for use to access the Services, subject to the limitations set forth in this Agreement. All information that you provide will be stored in your User Profile and maintained by MoneyGram and/or certain companies engaged by MoneyGram or its contractors to provide the Services (each, a "Service Provider") and in accordance with the terms of the Privacy Notice. Some Providers may be located in a jurisdiction other than Canada .
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 Profile is otherwise compromised.
CONTACT US AT ONCE AT 1-800-666-3947 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 PROFILE IS OTHERWISE COMPROMISED.
Once your User Profile is established, you may conduct Transfers by entering your User ID and password on the Website to login to your User Profile 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 Profile" section of the Website. You may access these records and Communications at any time by logging in to your User Profile and clicking on the "My Profile" link.
You agree that by submitting information to establish a User Profile, 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 Profile, 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 Profile, or that you have otherwise provided to MoneyGram, has changed. You may update your User Profile 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 Profile, contact us through the "Contact Us" link on our Website at https://secure.moneygram.com/mgo/ca/en/contact-us. If we suspend or deactivate your User Profile for any reason, we may, in our sole discretion, cancel your pending Transfer requests. Please note that if your User Profile is deactivated for any reason, you will not be able to use the Services until you have obtained a new User Profile through the process described above.
- Initiating a Transfer. To initiate a Transfer, you must enter the name of the Receiver (either the individual or the relevant Issuer, Biller or Carrier), the desired Transfer Amount and such other information as may be required, and you will be asked to select a payment method for the Transfer. MoneyGram currently offers three payment methods for Transfers: (a) automated clearing house ("ACH") debit to your bank account; (b) debit card; and (c) credit card (each of (a)-(c), a "Payment Method"). However, not all Payment Methods are permitted for all categories of Transfers. The available Payment Methods for your Transfer will be indicated on the Website at the time you initiate your Transfer.
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.7); (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: (i) doing so might be prohibited by law, regulation, code or other duty or requirement applicable to MoneyGram or any Agent or Service Provider; (ii) doing so may expose MoneyGram, any Agent or Service Provider to action from any government or regulatory body; or (iii) 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 Profile 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, or credit card account, as applicable, and neither MoneyGram nor any Service Provider shall have any liability if a Transfer is not effected as a result of the unavailability of sufficient funds or credit. MoneyGram may resubmit for collection any ACH debit authorized by you that is returned to it for any reason. You are responsible 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 Canada 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 Profile, 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 Profile on our Website, and you agree to contact us immediately if you have any questions or issues regarding any Transfer made through the Services.
- Receiving a Transfer. For (i) an International Transfer sent to an Issuer for purposes of depositing funds to a bank account or loading funds to a prepaid card, or (ii) an Bill Payment Transfer to a Biller or Carrier, the Transfer Amount will be deposited or credited, as applicable, in accordance with the policies of the relevant Issuer, Biller or Carrier (see Section B.9 below).
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 Bill Payment Transfers, the province or territory designated by you where the Receiver is to receive the Transfer within Canada or a province or territory contiguous to such designated province 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, 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 Bill Payment 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"). YOU MUST NOT GIVE YOUR DETAILS, THE RECEIVER'S DETAILS, OR THE REFERENCE NUMBER, 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: 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 (i) we have transferred the relevant amount to the Issuer, Biller or Carrier, or its designee; or (ii) 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.
- Terms Specific to International Transfers. In addition to the Transfer Fee applicable to a Transfer, a currency exchange rate may be applied to International Transfers. Certain currencies will be converted to other currencies at an exchange rate set by MoneyGram ("Exchange Rate"). The currencies available for payout in the country that you wish to send your Transfer to (each, a "Payout Currency") as well as the Exchange Rate set by MoneyGram for the Transfer can be determined by using the calculator function available through the Services at the time you initiate each Transfer. 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 and the Exchange Rate to be used for your Transfer will be reflected in the pre-payment disclosure and the Receipt. The Exchange Rate will be rounded to a consistent number of decimal places for each currency pursuant to applicable laws and regulations. Any difference in the Exchange Rate disclosed to you and the exchange rate received by MoneyGram will be kept by MoneyGram (and/or its Agents in some cases) in addition to any Transfer Fee. MoneyGram is not responsible for the currency exchange rate that will be applied if Receiver chooses to receive in a Payout Currency other than the Payout Currency you selected.
- Terms Specific to International Transfers to an Issuer and Bill Payment Transfers. Your ability to make a payment to your Issuer, Biller or Carrier, and the permitted amount of any such payment, remains subject to authorization by the Issuer, Biller or Carrier and any applicable terms and conditions established by the Issuer, Biller or Carrier. If you initiate a Transfer after 11:00 PM CST, MoneyGram will provide notice of the Transfer to your Issuer, Biller or Carrier on the next Business Day. Transfers made through the Services will be credited by the Issuer, Biller or Carrier in accordance with the terms and conditions established by such Issuer, Biller or Carrier. Please contact your Issuer, Biller or Carrier for further information. MONEYGRAM HAS NO CONTROL OVER THE TIME THE ISSUER, BILLER OR CARRIER CREDITS A PAYMENT TO YOUR ACCOUNT AND IS NOT RESPONSIBLE FOR ANY DELAY WITH RESPECT TO WHEN FUNDS REMITTED TO AN ISSUER, BILLER OR CARRIER WILL BE MADE AVAILABLE OR CREDITED TO YOU, OR ANY FAILURE OF AN ISSUER, BILLER OR CARRIER TO ACCEPT OR PROPERLY PROCESS ANY FUNDS REMITTED TO IT.
- Refunds. Your rights regarding the Transfer and the availability of a refund are explained under the applicable disclosures generated in connection with your Transfer. If MoneyGram determines that you are entitled to a refund, such refund will be credited to the Payment Method used to initiate the Transfer.
- Expired Transfers. If you ask us to process a Transfer to an individual Receiver to be collected in cash at a MoneyGram Location and the Transfer Amount has not been collected within ninety (90) days, we will treat the Transfer as no longer capable of execution (an "Expired Transfer"). We will have no obligation, after that ninety (90) day period, to execute an Expired Transfer. If you become aware that a Transfer Amount has not been collected please contact us to ask for a refund.
- Other Financial Obligations. To the extent permitted by law, MoneyGram has the right to collect from you the Transfer Amount, Transfer Taxes, and other Fees of any uncollected or reversed Transfer, plus any fees assessed and collection expenses, court costs and attorneys' fees. To the extent permitted 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 legal 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.
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 AND TO THE EXTENT 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, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY WHETHER YOUR CLAIM ARISES, IN CONTRACT, TORT, OR 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 THIS AGREEMENT, 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 AND CONDITIONS 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 ARBITRATION RULES OF THE ADR INSTITUTE OF CANADA, INC. ("ADR") UNDER ITS COMMERCIAL ARBITRATION RULES AND, WHERE APPROPRIATE, THE ADR'S SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES ("ADR CONSUMER RULES"), BOTH OF WHICH ARE AVAILABLE AT THE ADR WEBSITE AT WWW.ADRIC.CA. YOU UNDERSTAND THAT ABSENT THIS SECTION (F), YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
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
By using the Services you consent to the collection, use, disclosure, and transfer (including cross-border transfer) of your personal information, please see our Privacy Notice.
- Entire Understanding. This Agreement constitutes the entire agreement between you and MoneyGram regarding the use of the Services, and supersedes any prior agreements between you and MoneyGram to the extent that they might otherwise apply to the Services. Otherwise, any such other agreements remain in full effect in accordance with their terms. Unless otherwise inconsistent with relevant federal and provincial laws, this Agreement is governed by the laws of Canada without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods, and you and MoneyGram agree to submit to the exclusive personal jurisdiction and venue of the courts located in Ontario, Canada, except as provided in Section (F) above regarding arbitration.
- English Language Controls. English shall be the language of the Agreement and Website, and all content, information and communication in connection with the Website, and the parties waive any right to use and rely upon any other language or translations. Il est la volonté express des parties que le présent Agreement et Website et tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français. Any translations of this Agreement that may be provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations in this Agreement are subject to definitions and interpretations in the English language.
- Severability. If any provision of this Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- Third Party Beneficiaries. You agree that each Agent and Service Provider is a third party beneficiary of this Agreement for purposes of indemnity and limitations on liability.
- Headings.The headings, captions, headers, footers and version numbers contained in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement.
- Assignment. You may not assign this Agreement to any other party. MoneyGram may assign this Agreement or delegate any of its rights and responsibilities under this Agreement to third parties without notice to you.
- No Waiver. MoneyGram shall not be deemed to have waived any of its rights or remedies under this Agreement unless such waiver is in writing and is signed by an authorized MoneyGram representative. The delay or failure of MoneyGram to exercise or enforce any right or remedy in connection with this Agreement shall not constitute a waiver of such right or remedy or any other rights or remedies. A waiver on any occasion shall not be construed as a bar or waiver of any rights or remedies on any other occasion.
- Links to Other Sites. The Website may contain links to other web sites which are not under the control of MoneyGram. MoneyGram is not responsible for the contents or transmission of any web site to which a link is provided. Links do not imply that MoneyGram endorses any such websites and MoneyGram does not make any representation that they are error or virus free. The disclaimer of warranties above also applies to any linked website.