User Agreement.
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User agreement

User Agreement

This User Agreement is effective as of April 2, 2014, and governs the terms under which you may access and use this website and the services associated with it (together, the "Service"). Do not access or use the Service if you do not agree to be bound by the User Agreement. By accessing and using the Service, you are agreeing to the User Agreement.

As used throughout this User Agreement, the words "USEND", "we" and "our" refer to USEND, a trademark of Pronto Money Transfer, Inc., a California company, with employees, directors, heirs, member organizations and assignees. The words "you" and "your" refer to users of the Service, as Senders, Beneficiaries or Visitors to this site.

1. SERVICE OVERVIEW

The Service allows people to send and receive funds, and make prepaid mobile top up and bill payment. A "Sender" is someone who uses the Service to send funds. A "Beneficiary" is someone who uses the Service to receive funds through the Service. The "Country of destination" is the country where the beneficiary receives funds through the Service. A "Transaction" is a specific instruction to send funds through the Service. The "Transaction Amount" is the amount the sender provides to transfer to the recipient, not including applicable fees and advances for foreign exchange conversion. The "Disbursement Amount" is the amount paid to the beneficiary, not including taxes or charges that may be collected under the laws of the destination country (the "Local Taxes").

2. ACCESSING THE SERVICE
a. Authorized Users. The minimum age to access or use the Service as a sender is eighteen (18) years old. You must be able to enter into legally binding contracts based on current law. Other restrictions may apply.

b. Not available for some locations. The Service may be totally or partially unavailable in different states, countries and jurisdictions.

c. Offer and acceptance. If you submit a transaction, you are asking us to process it, an offer that we may accept or decline, at our discretion, at our office in Manhattan Beach, California.

3. PAYMENT
a. Charges. For each transaction forwarded, you agree to pay a service fee (the "Service Fee") in addition to the transaction amount. Additional charges may apply. Payment is due at the time you submit your transaction. USEND accepts payment in US Dollars only. If you enter into a transaction that results in NSF charges, refunds, or similar fees to USEND, you agree to reimburse us for such fees.

b. New Account Verification. By registering a bank account or debit/credit card to your profile, you agree that USEND may charge a random amount between $0.01 and $1.00 for verification purposes. After registration, you should call your bank or go online to verify the amount that has been debited. Then go back to the USEND website and enter the amount debited so we can confirm that you are the owner of the bank account used for payment. The amount debited by the verification process will be credited to you during your transaction.

c. Payment. In order for us to obtain your payment, you authorize us to access or debit funds from any payment method you provide to us pursuant to your use of the Service (a "payment method" includes, for example, your debit/credit card or Bank account). If your payment fails or is insufficient, you authorize us to try one or more times using the same or a different payment instrument. For example, if there is insufficient balance in your bank account at the time you submit the transaction, we may try to debit your account later. You represent and warrant that you are the legal owner of your payment instruments.

d. Other charges. USEND is not responsible for any fees or charges that may be imposed by financial institutions associated with your payment instruments. USEND is not responsible for any insufficient funds fees, NSF fees, refund fees or other similar fees that may be imposed on you by your bank or other provider.

e. Foreign currencies. Based on the difference between the exchange rate at which we purchase a foreign currency and the exchange rate offered to you, USEND and its service providers (defined below) typically profit when you pay for a transaction in a currency and it settles in another coin. You agree that when you make a transaction to the payee’s bank account, that account is in the same currency as the transaction.

f. Scheduled Fund Transfers. By using the scheduled funds transfer product, you authorize us to send transactions on your behalf in accordance with your instructions. You understand USEND will continue processing recurring transactions until you instruct us to stop. Once you cancel the transaction by 11:59:59 PM (Pacific time zone) the day before the transaction is scheduled to be processed, we will cancel the transaction and your funds will not be debited. For transactions involving foreign currency exchange, you understand that USEND is not able to predict the exchange rate on the day of the transaction, and you agree that we may apply the rate on the day of the transaction, whichever it is.

4. PAYMENT
Service Providers. We work with local banks, bureaux de change and other third party service providers (a "Service Provider") to pay the funds to beneficiaries. You, as the sender, hereby designate your beneficiary as your agent for the purpose of receiving funds in connection with the Service. We strive to provide up-to-date information on our website regarding the location, availability and hours of operation of our service providers. However, you agree that USEND is not responsible for any inaccurate or incomplete information that may be posted on the site.

5. RESTRICTIONS
a. General. We may, at our discretion, decline any transaction or limit the amount of funds to be transferred, whether based on a transaction or on aggregate grounds. This limitation may be imposed on individual accounts, linked accounts, or related accounts or families, at the discretion of USEND. 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.

b. Delays. Your transactions may be delayed or canceled in the course of our efforts to verify your identity, validate your transaction instructions and payment instruments, contact and locate you, and otherwise comply with applicable law. Hours of operation and currency availability are also important. However, you may be entitled to a refund in some cases as described in this document.

c. Prepaid cell phone recharge. You understand our responsibility for cell phone top up transactions and for confirming the transfer of the amount payable originating from the sender’s account to the recipient’s prepaid cell phone. You further understand that we have provided an estimate of local taxes and other costs that may be levied by the wireless service provider ("The Cellular Company") for a top up transaction, but that the exact amount of local fees and taxes are determined by operating company providing the service in the country of destination. You agree that you and your beneficiary have read the terms and conditions applied to the beneficiary’s mobile phone account ("Cellular Operator Agreement"), which terms may include, for example, fees and costs charged to recharge the mobile , the recharge expiration and the quantity and quality of the phone recharge, data and other services for which the mobile recharge is used. Once the payment amount is accepted by the cellular company, the cellular operator company’s user agreement applies for all services for which the top up is used by the beneficiary. Terms and conditions may vary by operator, country of destination and the terms of the mobile operator’s user agreement. You agree to contact your operator directly with questions or problems related to the application of recharge and services provided by the operator.

d. Unauthorized Transactions. You may not use the Service in violation of this User Agreement or applicable laws, rules and regulations. It is a violation of the User Agreement to use the Service for any of the following activities (without limitation): sexually oriented materials or services, gambling, fraud, money laundering, funding for terrorist organizations or buying and selling tobacco, firearms , prescribed drugs or other controlled substances; or to send money to a beneficiary who has violated the User Agreement. If you use the Service in connection with illegal conduct, USEND reserves the right to report you to the respective law enforcement agency(ies).

e. Ineligibility. Not all Payment Instruments are available to all customers at all times. We may, with complete discretion, refuse transactions with funds on certain payment instruments. We may, with complete discretion, decline transactions from certain senders to certain recipients, including without limitation, companies and persons who are included on the National List of Specially Designated Persons, non-cooperative countries and territories list, as well as other lists that may be issued. occasionally by the US National Treasury and other US government agencies.

f. Others. You must not forward or receive a transaction on behalf of another person. if you intend to submit or receive a transaction on behalf of a company or any other non-individual entity, USEND must be informed of its decision. You agree to provide us with additional information about such entities as requested by USEND

g. Without changes. We do not normally allow you to change the details of your transaction once it has been submitted for processing. It is your responsibility to ensure that your transaction details are accurate.

h. Restricted Activities. Depending on your use of our website or Service, or your interactions with USEND, a user, or a third party, you may not:
i. Violate this User Agreement or any other agreement between you and USEND;
ii. Open more than one account without our prior written permission;
iii. Provide false, inaccurate or erroneous information;
iv. Refuse to cooperate in an investigation or to confirm your identity or any other information you provide to us;
v. Use an anonymous proxy;
vi. Use any robot, spider or other automatic or manual features to monitor or copy our website without our prior written permission.

6. SET OF INFORMATION
a. Privacy Policy. By accepting this User Agreement, you agree to and acknowledge USEND’s Privacy Policy.

b. Consumer Identification Program. To help the government fight terrorist financing and money laundering activities, US federal law requires that information about you be obtained, verified, and recorded. We may require you to provide us with private, personal and identifying information. We may also, subject to law, obtain information about you from other sources without your knowledge, including non-personally identifiable information that we may obtain while visiting this site. Read our privacy policy.

c. Government Disclosures. We may provide information about you and your transactions to government authorities and law enforcement agencies as described in our Privacy Policy.

d. Verification of information. You authorize us, directly or through third parties, to carry out any investigation we deem necessary to validate the information you provide us. This may include requests for additional information, requiring you to take steps to confirm ownership of your email address or financial instruments by verifying your information against third-party databases or other sources.

7. PROBLEMS
General. Please let us know if you have any problems with the Service. You can contact us using the contact information at the bottom of this User Agreement. Residents of certain jurisdictions may also consider the following:

California. If you have complaints about any aspect of money transfer activity conducted through USEND, you may contact the Department of Financial Protection and Innovation (DFPI) at their toll free number 1-866-275-2677 by email in ASK. dfpi@dfpi.ca.gov, or by mail at California Department of Financial Protection and Innovation, Consumer Services Office, 2101 Arena Blvd, Sacramento, CA 95834.

The following only applies to transactions that are submitted by senders in California.

RIGHT TO A REFUND: You, the customer, will be designated for a refund of the amounts to be transferred as a result of this agreement if Pontual does not transfer the funds received from you within 10 days of the date of receipt or does not provide instructions for delivery of an amount equivalent of funds to the person designated by you within 10 days of the date of receipt of your monies, unless otherwise instructed. You will be entitled to a refund if your instructions as to when the funds are to be transferred or transmitted are not complied with and the funds have not yet been transferred or transmitted.

If you would like a refund, you must fax a written request to USEND at (424) 237-1840; or mail it to USEND, for the attention of Customer Service: Customer Service, 111 N. Sepulveda Blvd, Suite 340, Manhattan Beach, CA 90266, USA. If you do not receive your refund, you may be entitled to get your money back plus a fine of up to $1,000 and attorney’s fees under California Finance Code Article 1810.5.

Errors Resolution and Cancellation Disclosure: You have the right to dispute errors in your transaction. If you think there is an error, please contact us within 180 days at 888-305-7264 or email: info@usend.com. You can also contact us for a written explanation of your rights. You may cancel for a full refund within 30 minutes of payment, unless funds have been collected or deposited. If you have any questions or complaints about Pronto Money Transfer, Inc. please contact: Department of Financial Protection and Innovation (DFPI), 1-866-275-2677 http://dfpi.ca.gov, email: ASK.dfpi@dfpi.ca.gov or Consumer Financial Protection Bureau, 855-729-2372, & ( TTY / TDD) www.consumerfinance.gov.

How to File a Complaint:
To file a complaint first contact Pronto Money Transfer, Inc., listed below are the ways to contact Pronto Money Transfer Inc.’s customer service.

If you have complaints or other concerns with respect to any aspect of the money transmission activities conducted with Pronto Money Transfer, Inc., you may contact the Customer Service Department.

Write: Pronto Money Transfer, Inc.
Attention: Customer Service
Address: 111 N. Sepulveda Blvd., Suite 340
Manhattan Beach, CA 90266
Telephone: 1-888-305-7264
Fax: (310) 388-5457
Email: help@usend.com

If you still have an unresolved complaint regarding the company’s money transmission activity, please direct your complaint to The State Banking Departments of:
Alabama
Alaska
Arkansas
California

Department of Financial Protection and Innovation (DFPI)
Attn: Consumer Services Office
2101 Arena Blvd
Sacramento, CA 95834
Telephone: 1-866-275-2677
http://dfpi.ca.gov
Connecticut
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Iowa
Indiana
Kansas
Kentucky
Louisiana
Maryland
Massachusetts
Minnesota
Montana
Mississippi
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
North Carolina
North Dakota
Ohio
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Utah
Vermont
Virginia
Washington
Wisconsin
Wyoming

For Alaska Residents Only:
If your issue is unresolved by Pronto Money Transfer Inc., DBA Usend & 1-877-766-8825, 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:

1. Fax: 907-465-1230
2. Email: msb_licensing@alaska.gov
3. Mail: Division of Banking & Securities PO Box 110807 Juneau, AK 99811-0807

If you have questions regarding formal complaints, please call 907-465-2521

8. USEND INTELLECTUAL PROPERTY
You acknowledge that the Service, including, but not limited to, the content of this website, text, graphics, links, buttons, logos and images, as well as all other copyrights, trademarks, service marks, logos and names of products and services belong exclusively to Usend (the "Usend Intellectual Property"). You agree not to display, use, copy or modify USEND’s intellectual property in any way. You are only authorized to view and keep a copy of the pages on this website for your personal, non-commercial use. You further agree not: (i) to use any robot, spider, scraper or other automated device to access the Service; or (ii) remove or alter the author, trademark or other proprietary notice or legend displayed on this website (or on printed pages hereof); or (iii) infringes the copyright, patent, trademark, secret trademark, or any other intellectual property, publicity, or privacy right of USEND or any third party.

9. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS, IMPLIED OR LEGAL WARRANTY OR CONDITION. WE, OUR SUBSIDIARIES, EMPLOYEES AND SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We go to great lengths to ensure that transactions are processed in a timely manner, but we make no representations or warranties regarding the time required to complete processing as the service depends on many factors beyond our control. Some jurisdictions do not allow disclaimer of implied warranties, so the above clause may not apply to you. This warranty gives you specific legal rights, and you may also have other legal rights which vary from state to state. Notwithstanding the foregoing, you may be entitled to a refund as expressly described in this document.

10. INDEMNITY
You agree to indemnify and hold harmless USEND, its service providers and their respective affiliates, employees, agents, partners and employees against 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 User Agreement, or your violation of any rights of others.

11. LIMITATION OF LIABILITY
EXCEPT FOR CLAIMS GOVERNED BY ARTICLE 1810.5 (C) OF THE CALIFORNIA FINANCIAL CODE, INITIATING WITH TRANSACTIONS ORIGINATED IN CALIFORNIA, IN NO EVENT SHALL USEND INCLUDE EXPENSES WITH PARTNERS OR THEIR RESPECTIVE SUBSIDIARIES, IF MANAGING PARTNERS ARE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES OTHER THAN US$500.00 AMOUNT (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY INJURY, TRADE FUND, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF USEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM USEND’S NEGLIGENCE, EXPENSES OF PARTNERS OR ITS SUBSIDIARIES, MANAGERS, AGENTS, PARTNERS, OR ITS EMPLOYEES.

12. DISPUTE RESOLUTION AND LAWS IN FORCE
a) Laws in force. This User Agreement shall be governed by the laws of the State of California, and all activities performed in connection with the Service shall be evaluated to be performed in California. Any controversy, litigation or claim arising out of or relating to the Service or the User Agreement (a "Claim") shall be governed by and construed in accordance with the laws of California, with the exception of the consolidation of laws governing international law.

b) Disputes with USEND. Should a dispute arise between you and USEND, our goal will be to try to understand and resolve it, and if we are still unable to satisfy you, we will provide a neutral and inexpensive way to resolve the dispute quickly. Disputes between you and USEND regarding the Service may be reported by calling 888-305-7264 (outside the United States, dial 1-424-237-1800); by fax at 310-388-5457; or by mail to USEND, attn: Customer Service, 111 N. Sepulveda Blvd, Suite 340, Manhattan Beach, CA 90266, USA.

c) Arbitration. For any claim (except for caution or other similar reason) where the total amount of prize requested is less than US$ 10,000.00, the party claiming the amount may choose to costly decide the dispute through binding arbitration without the need for mandatory presence. If either party elects arbitration, that party will initiate such arbitration through the establishment of an Alternative Dispute Decision (ADI) provider mutually agreed upon by both parties. The DDA provider and the parties must agree to the following rules: a) Arbitration may be made over the telephone, via online and/or based on a written submission only. The specific mode must be chosen by the party who will initiate the arbitration; b) The arbitration shall not involve any personal aspect of the parties or witnesses, unless so agreed between the parties; c) Any award rendered by the arbitrator may be placed in any court or competent jurisdiction.

d) Forum for litigation. Except as agreed by the parties or as so described in section 12(c) above, you agree that any claim or dispute you may have against USEND must be resolved by a court located in Los Angeles County. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California, for the purpose of litigating all claims or disputes.

e) Dispute presented incorrectly. All claims against USEND must be resolved in accordance with clause 12 of this Agreement. All lawsuits filed or not in accordance with section 12 shall be deemed to be improperly filed, and a violation of this Agreement. If you file a dispute that contravenes clause 12, USEND may obtain court fees and costs from attorneys (including in-house attorneys and attorneys) up to $1,000.00, provided that USEND has notified you in writing of the incorrectly filed dispute and you has not withdrawn the dispute promptly.

13. ELECTRONIC COMMUNICATIONS
a. You acknowledge that this User Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided electronically: (i) this User Agreement and any amendments, supplements or modifications thereto, (ii) records of your transactions through the Service, (iii) any initial, periodic or other notices provided or in connection with the Service, including, without limitation, those required by federal or state law, (iv) all customer service communications, including, without limitation, communications regarding claims of error or unauthorized use of the Service, (v) any other communications relating to the Service or USEND.

b. The Service does not allow information to be provided on paper or through other non-electronic means. That you can withdraw your consent to receive communications electronically, but if you do, your use of the Service will terminate. In order to withdraw your consent, you must contact us using our contact information at the end of this User Agreement.

c. To access and maintain communications, you must have: (i) An Internet browser that supports 128-bit encryption, such as Internet Explorer version 4.0 or above, (ii) an email account and email software capable of interacting with USEND email servers, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the above, (iv) capability of sufficient electronic storage on your computer’s hard drive or other data storage unit, (v) Printer capable of printing from your browser and email software. In addition, you must promptly update any changes to your email address by updating your profile at https://www.USEND/PersonalDetails.aspx

14. MISCELLANEOUS
a. Entire Agreement. The User Agreement constitutes the entire agreement between you and USEND and governs your use of the Service, superseding any prior agreements between you and USEND.

b. Renounce. Failure to exercise or enforce USEND any right or provision of the User Agreement will not constitute a waiver of such right or provision. If any provision of the User Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, the parties agree that the arbitrator or court shall attempt to give duly valid effect to the intent of the User Agreement as reflected in the provision, and the others provisions of the User Agreement will remain in full force and effect.

c. Modification. We may modify this User Agreement from time to time without notice, except as may be required by law. You may review the most current version of the User Agreement at any time by reviewing this website. You may terminate your use of the Service if you do not agree to any modification or change. If you use the Service after the effective date of a change or modification, you will be deemed to have accepted that change or modification. You agree that you shall not modify this User Agreement and acknowledge that any attempts to modify this User Agreement will be void.

d. Language. In the event that there is any inconsistency between English and another language in the text of this website, including the User Agreement, the English text shall prevail.

15. SECURITY
Your security is very important to USEND, and we work hard using state-of-the-art security measures to make sure your information is secure. USEND is a safe and convenient way to send money to your family and others you trust. But we ask that you carefully consider before sending money to anyone you don’t know well. In particular, you should be wary of deals or offers that sound too good to be true. If you believe you have been the victim of fraud, please contact us immediately at 1-888-305-7264 (outside the US, call 1-424-237-1800). If you are aware of any person or entity using the Service inappropriately, please email abuse@usend.com. And if you receive any fake (phishing) email that presents itself as coming from USEND, please send it to abuse@usend.com.

16. LN DISCLOSURE
You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose to Pronto Money Transfer Inc., DBA Pontual Money Transfer, DBA Usend and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See our Privacy Policy for how we treat your data.

17. CONTACT INFORMATION
Questions, notifications, requests for refunds or more information can be sent to USEND as follows: by calling 1-888-305-7264 (outside the US, call 1-424-237-1800), by faxing 310- 388-5457, or by mail to Pronto Money Transfer, Inc., Attn: Customer Service, 111 N. Sepulveda Blvd, Suite 340, Manhattan Beach, CA 90266, USA.