| CUSTOMER
AGREEMENT |
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| 1. |
THIS
USER AGREEMENT GOVERNS YOUR USE OF THE VIAMERICAS
SERVICE (THE “SERVICE”), INCLUDING THE
VIAMERICAS MONEY TRANSFER CARDSM,
WHERE APPLICABLE, AND DESCRIBES YOUR RESPONSIBILITIES
AND LIMITS VIAMERICAS’ LIABILITY, AMONG OTHER
THINGS. IT ALSO CONTAINS DISCLOSURES REQUIRED
BY FEDERAL LAW. BEFORE USING THE SERVICE, PLEASE
READ THIS AGREEMENT CAREFULLY. WE RECOMMEND
THAT YOU PRINT OUT A COPY FOR YOUR RECORDS.
We
reserve the right, at our discretion, to update
or revise this Agreement. Please check this
Agreement periodically for changes. Your continued
use of the Service following the posting of
any changes to this Agreement constitutes acceptance
of those changes. This Agreement may not be
otherwise amended except in a writing signed
by Viamericas Corporation. This Agreement in
its current form was posted on August 21, 2002.
As used herein, the terms "Viamericas", "we",
"our" and "us" refer to Viamericas Corporation.
THIS
IS YOUR CONTRACT WITH US. BY USING OUR SERVICE,
YOU: AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT; CONSENT TO THE ELECTRONIC AND/OR
POSTAL DELIVERY OF THE DISCLOSURES CONTAINED
IN THIS AGREEMENT; AND AGREE TO ACCEPT ALL SUBSEQUENT
DISCLOSURES AND OTHER COMMUNICATIONS BETWEEN
YOU AND VIAMERICAS AT THE E-MAIL AND/OR POSTAL
ADDRESS YOU PROVIDE.
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| 2. |
DESCRIPTION OF
THE VIAMERICAS SERVICE.
The Viamericas Service enables a U.S.
consumer (“Sender”) to: (i) send funds
(“Funds Transfers”) to designated individuals
in certain Latin American countries (“Recipient”);
(ii) purchase
credits that may be used by Recipients to purchase
products (“Store Credits”) from the designated
retail establishments in Latin America; (iii)
purchase bundled direct delivery packages containing
consumer products (“Delivery Packages”)
that would be prepared and delivered to the
Recipient in the Recipient’s Latin American
country; and (iv) pay utility and/or other consumer
invoices for Recipients residing in Latin America
(“Bill Payments”).
Funds Transfers, Store Credits, Delivery
Packages, and Bill Payments may be collectively
referred to as “Items” or singularly
as an “Item” throughout this agreement
and the action of sending these Items may be
referred to as either a “Transaction”
or as “Transactions” throughout this
agreement. Senders may also prepurchase Items that may
be sent at a later time.
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3. |
FEES. Use of the Viamericas Service is subject to
current fees and applicable foreign currency
exchange rates, which will be displayed on the
Viamericas Web site, announced by the Viamericas
Call Center when you contact Viamericas to give
us instructions for the transaction, or provided
by an Authorized Delegate who configures your
Transaction. Funds Transfers will be sent in the currency
of the destination country or in U.S. dollars.
A currency exchange rate will be applied
when U.S. dollars are converted to another currency.
U.S. currency is converted to foreign
currency at an exchange rate set by Viamericas. Any difference between the exchange rate at
which Viamericas purchases foreign currency
and the exchange rate given to you will be kept
by Viamericas in addition to the transaction
fees charged. Recipients receive Funds Transfers in the form
of cash or a direct bank account deposit.
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| 4. |
ELIGIBILITY.
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a) |
The Service is
available only to Senders who are U.S. residents,
18 years of age or older, who can form legally
binding contracts. Viamericas may refuse or
discontinue the Service to anyone at any time,
in its sole discretion.
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b) |
Only "Registered
Users" may use the Service to purchase Items.
To become a Registered User, you must truthfully
complete all of the information requested by
Viamericas or an Authorized Delegate, including
but not limited to, your name, date of birth,
home address, phone number, and for Web users
an e-mail address. In addition, you may be asked
to select a unique six-character personal identification
code (“PIC”) to be used for all subsequent
Transactions with the Service. Web users must also provide a unique user name
that identifies you as a Registered User (“User
ID”) to be used for all subsequent connections
with the Service.
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| 5. |
PURCHASING AND
SENDING FUNDS, STORE CREDITS, DELIVERY PACKAGES,
OR BILL PAYMENTS
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a) |
To send Funds Transfers,
Store Credits, Delivery Packages, or Bill Payments,
you may be asked to provide us your PIC and
also your User ID if you are a Web user, you
will also need to provide the personal contact
information of the Recipient, and the type and/or
amount of the Items you want to send (a “Transaction
Instruction”). The first time that you purchase
Items or provide us with a Transaction Instruction,
you may provide an electronic funds transfer
authorization and certain information concerning
your personal bank account (U.S. banks only).
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b) |
If you prepurchase
Viamericas Items, you may receive a Viamericas
Money Transfer CardSM that you can use
to finalize future Transactions by deducting
their costs from the balance of prepurchased
services associated with the card. The Viamericas
Money Transfer CardSM is not a bank
or ATM card.
It can be used only as part of the Viamericas
Service to send Funds Transfers, Store Credits,
Delivery Packages, or Bill Payments to Recipients. |
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c) |
The dollar amount
of the Items you want to purchase or send and
all associated fees will be debited, or deducted,
as applicable, from your bank account or from
your balance, if any, of prepurchased services.
You may also purchase Items with a check,
money order, or with a wire transfer from a
financial institution.
In the event we are unable to charge
a bank account you select for any reason, you
authorize us to resubmit the charge plus applicable
fees to any bank account you have on file with
us.
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d) |
After providing
us with your Transaction Instruction and selecting
a payment method, the Service will ask you to
confirm your Transaction Instruction. We will
then begin to process your Transaction Instruction.
Processing typically takes no more than
seventy-two (72) hours.
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| 6. |
REPRESENTATIONS
OF USERS. By using the Service to purchase Items,
you represent that:
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a) |
you understand
and will abide by the terms of this Agreement;
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b) |
you are not sending
Items in connection with any illegal, fraudulent,
speculative, deceptive or manipulative act or
practice;
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c) |
you acknowledge
and agree that the Service operates solely as
a venue for sending Items and that Viamericas:
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i) |
in no way functions
as a buyer, seller, dealer, middleman, retailer,
auctioneer, supplier, distributor, manufacturer,
broker, agent or merchant of any product or
service being ordered, obtained or procured
by any Transactions through the Service; and
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ii) |
makes no representations
or warranties and does not ensure the quality,
safety, or legality of any product or service
obtained or procured by any Transactions through
the Service;
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d) |
you acknowledge
that any dispute regarding any product or service
purchased or procured by any Transactions through
the Service or any transaction involving the
Service is between the Recipient and the Sender,
not including Delivery Packages; Viamericas
shall not be a party in any such dispute.
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| 7. |
TIMING OF TRANSACTIONS.
Processing of Transactions will occur in accordance
with processing schedules established by Viamericas
from time to time. As currently in effect, most
Transactions will be processed within three
(3) business days if Sender uses a method of
payment other than a mailed check or money order. We reserve the right to hold funds for Transactions
that we deem suspicious beyond the normal distribution
period.
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| 8. |
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| 9. |
FUNDS TRANSFER
REFUND POLICY.
Processing of Funds Transfers typically
takes no more than seventy-two (72) hours. Viamericas provides Funds Transfers to Recipients residing in various
Latin American countries.
If Viamericas does not make a
Funds Transfer available to a Recipient within
five (5) business days following the Recipient’s
provision of all required information to Viamericas
and/or its partners, then Sender is entitled
to a refund of both the transaction fee and
the entire sum of the Funds Transfer, less any
applicable foreign exchange or other administrative
fees, upon Sender’s request. If
Viamericas has made a Funds Transfer available
to a Recipient and Recipient has failed to claim
such funds, then Sender is only entitled to
a refund of the entire sum of the Funds Transfer,
less any applicable foreign exchange or other
administrative fees, upon Sender’s request.
Refunds will be made within fourteen
(14) days of receipt of a valid written request
from Sender.
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| 10. |
DELIVERY PACKAGE
RETURN AND REFUND POLICY.
Processing of Delivery Package orders
typically takes no more than seventy-two (72)
hours. A
Recipient, under certain circumstances, may
return a Delivery Package and as a result you
may be entitled to a refund.
Viamericas provides its Delivery Packages
to Recipients residing in various Latin American
countries.
The terms and conditions regarding refunds
for Delivery Package returns vary by country. You should contact the Call Center to obtain
a detailed explanation of the return and refund
policy for a particular country.
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| 11. |
LEARNING ABOUT
TRANSACTIONS; ACTIVITY HISTORY. A list of your
activity history for at least the preceding
ninety (90) days (including Transactions completed
or pending in which you are a Sender or Recipient),
any fees or charges incurred with such Transactions,
and your balance of prepurchased services (if
applicable), will be available on the Viamericas
Web site, available to Customer Service Representatives
at the Call Center, or available to the Authorized
Delegate who configured your Transaction.
If Viamericas is required under applicable
law to provide you with written statements,
you acknowledge and agree that your activity
history is provided to you on the Web site in
lieu of written statements or may be printed
by an Authorized Delegate.
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| 12. |
DAILY AND TRANSACTION
LIMITS. Initially, the Transaction limits for
Viamericas Funds Transfers are as follows:
When using the Service, you may not transfer
more than US$4,500 (including all applicable
fees) during any thirty (30) consecutive day
period. Viamericas
will not process a Sender’s Transaction if such
Transaction exceeds this US$4,500 limit.
The maximum amount a Sender may transfer
on any one business day is US$4,500 (including
all applicable fees) if the Transaction is configured
by an Authorized Delegate and US$2,000 per seven
consecutive day period if the Sender prepurchases
Services with a Viamericas Money Transfer CardSM. Viamericas allows certain customers to exceed
these limits if they have completed all of the
required Special Services Transaction Forms,
the Transaction is approved by Viamericas’ Compliance
Department, and the funds used to pay for the
Transaction are wired directly from the customer’s
bank account to Viamericas’ master customer
funds account.
We reserve the right to change or modify
these limits without notice to you and may impose
Transaction limits on some or all Senders and
Recipients relating to the value of any Transaction,
the cumulative value of all Transactions during
a period of time or the number of Transactions
per day or other period of time. We will not
be liable to you if we do not proceed with a
Transaction that would exceed any limit established
by us.
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| 13. |
AUTHORIZATION. If you use the Call Center or Web site to configure
a Transaction then the User ID and PIC that
you use is your signature, and is used by Viamericas
to authenticate and validate that the person
sending or receiving Items is authorized to
do so. You authorize Viamericas to debit or
credit your bank account (including by creating
a paper draft or an electronic funds transfer)
in accordance with any instructions provided
to the Service that include your User ID and
PIC. This means that any Transaction you perform
with your User ID and PIC, and any Transactions
performed with your User ID and PIC by persons
who you give such information, are authorized
by you, and you are responsible for such Transactions.
In the event there is an error in the processing
of your Transaction, you authorize us to initiate
debit or credit entries to your bank account
to correct such erroneous Transactions, provided
that any such correction is made in accordance
with applicable laws and regulations. In addition,
if you have elected to send or receive funds
using your bank account, you authorize the financial
institution at which your bank account is maintained
to accept Automated Clearing House (“ACH”)
credits or debits to such account, and you authorize
us to obtain information regarding your funds
transfers from the financial institution at
which your bank account is maintained to resolve
payment posting problems. Your authorization
will remain in full force and effect until Viamericas
receives notification from you of its termination.
You may terminate your authorization by writing
us at the address or calling the telephone number
provided below in this Agreement. Any termination
will become effective as soon as we have had
a reasonable amount of time to act on it.
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| 14. |
SAFEKEEPING OF
USER ID AND PIC. You should keep this Agreement,
your User ID, and PIC in a safe place. You agree
not to give your User ID or PIC to any unauthorized
individuals.
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| 15. |
FORGOTTEN USER
ID OR PIC.
If you forget your User ID or PIC contact
us at 1-866-VIA-7272 or by e-mail at customerservice@viamericas.com,
or write to us at Viamericas Corp., 4641 Montgomery
Avenue, Fifth Floor, Bethesda, MD 20814.
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| 16. |
HOW TO REPORT LOST
OR STOLEN USER ID OR PIC; QUESTIONS ABOUT THE
SERVICE. If you believe that your User ID or
PIC has been lost or stolen or that someone
has attempted or may attempt to send or receive
funds or obtain Items using your User ID and
PIC, or if you have any questions regarding
the Service, call us at 1-866-VIA-7272 during
regular business hours, write to us at Viamericas
Corp., 4641 Montgomery Avenue, 5th
Floor, Bethesda, MD 20814, or send us an e-mail
notification at customerservice@viamericas.com. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT,
PRIOR TO VIAMERICAS’ NOTIFICATION OF THE LOSS
OR THEFT OF YOUR USER ID AND/OR PIC YOU SHALL
REMAIN RESPONSIBLE FOR ALL TRANSACTIONS INVOLVING
YOUR USER ID AND PIC.
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| 17. |
FEES FOR TRANSACTIONS
AND OTHER SERVICES.
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a) |
TRANSACTION FEE
FOR THOSE INITIATING A TRANSACTION. In consideration
for the use of the Service, you agree to pay
Viamericas a fee for each Transaction Instruction
provided by you at the applicable rate then
in effect (“Transaction Fee”). The applicable
Transaction Fee for your Transaction will be
provided to you prior to your confirmation of
the Transaction and will be added to the amount
charged by an Authorized Delegate, debited from
your bank account, deducted from your balance
of prepurchased services, or you must include
it in the check, money order, or wire transfer
that you send to Viamericas to pay for an Item. The Transaction Fee will be reflected in your
activity history as part of your Transaction
amount. |
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b) |
RETURNED ITEM FEE.
In addition to the Transaction Fee, we
will charge a Returned Item Fee of US$10 to
your bank account for each Transaction request
we cannot complete due to a closed account or
insufficient funds or if the item is returned
to Viamericas for any other reason. Viamericas may increase this Returned Item
Fee at its sole discretion and without providing
prior notice to you. |
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c) |
MISCELLANEOUS FEES.
Certain additional fees and charges may apply
for services not listed above. We will disclose
the cost of any such services to you at the
time you make the request, and you authorize
us to charge any fees for these services to
your bank account or balance of prepurchased
services.
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| 18. |
DISCLOSURE OF INFORMATION
TO THIRD PARTIES.
By providing us with a Transfer Instruction,
you consent to have your name and e-mail address
made available as identification to any Recipient
you designate to receive funds. Viamericas values
your privacy. Please click here to view Viamericas’
Privacy Policy, which is incorporated
herein by reference.
You should check the Privacy Policy regularly
for changes. Viamericas reserves the right to
verify any of the information you provide.
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| 19. |
OUR LIABILITY TO
YOU. We will use our best efforts to process
all of your Transactions properly.
However, we shall incur no liability
if we are unable to complete or properly process
any Transaction because of the existence of
any one or more of the following circumstances: |
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a) |
If any system or
equipment was not working properly and you knew
or had been advised about the breakdown before
you started the Transaction; |
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b) |
If you do not have
enough available funds in your bank account
or available balance of prepurchased services
to make the Transaction, or if the Transaction
would cause you to exceed any applicable daily
or Transaction limit; |
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c) |
If you do not provide
an Authorized Delegate or Viamericas with a
valid government issued identification document(s)
that is required for a Transaction that exceeds
certain Transaction limits established by Viamericas
from time to time; |
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d) |
If the Recipient
fails to properly identify himself in accordance
with procedures established by Viamericas for
obtaining Items; |
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e) |
If your computer
or Internet service provider's system is not
working properly; |
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f) |
If circumstances
beyond our control (such as, but not limited
to, power outages, fire, flood, mechanical or
systems failure) prevent the proper execution
of the Transaction, despite reasonable precautions
we have taken; |
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g) |
If your Transaction
or source of funding the Transaction is intercepted
by legal process or other encumbrances restricting
Transactions, or your participation in the Service
has been terminated or suspended for security
purposes; |
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h) |
If we have reason
to believe that the Transaction requested is
unauthorized; or |
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i) |
If you have not
provided us with the correct name and other
information for the Recipient. |
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Provided that none
of the above exceptions to our performance obligations
is applicable, if you provide us with proper
Transaction Instructions, and (i) we cause an
incorrect Transaction which does not comply
with your Transaction Instructions, we shall
be responsible for re-crediting any improperly
transferred funds to your Viamericas internal
Customer Record; or (ii) we fail to make delivery
of the Items directed by your Transaction Instructions,
we shall be responsible for re-delivering the
Items as directed by such Transaction Instructions.
THE FOREGOING SHALL CONSTITUTE VIAMERICAS’ ENTIRE
LIABILITY AND YOUR EXCLUSIVE REMEDY. |
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IN NO EVENT SHALL
VIAMERICAS OR ANY OF ITS AFFILIATES, BE LIABLE
FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
THE VIAMERICAS WEB SITE, OR ANY PRODUCTS OR
SERVICES OFFERED BY VIAMERICAS (WHETHER BASED
ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE),
EVEN IF VIAMERICAS OR ANY OF ITS AFFILIATES
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND NOTWITHSTANDING THE FAILURE OF
THE ESSENTIAL PURPOSE OF ANY REMEDY.
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| 20. |
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a) |
Tell us your name,
and if applicable User ID and e-mail address. |
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b) |
Describe the error
or the Transaction you are unsure about, and
explain as clearly as you can why you believe
it is an error or why you need more information. |
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c) |
Tell us the dollar
amount of the suspected error. |
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d) |
It will be helpful
to us if you also give us a telephone number
at which you can be reached in case we need
any further information. |
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If you tell us
orally, we may require that you send us your
complaint or question in writing within ten
(10) business days.
We will determine whether an error occurred
within ten (10) business days after we hear
from you and will correct any error promptly.
If we need more time, however, we may take up
to forty-five (45) days to investigate your
complaint or question. If we decide to do this,
and your complaint or question involves a debit
to your bank account, we may transmit a provisional
ACH credit to your bank account for the amount
you think is in error, so that you will have
the use of the money during the time it takes
us to complete our investigation. If we ask
you to put your complaint or question in writing
and we do not receive it within ten (10) business
days, we may not transmit the provisional ACH
credit. We will tell you the results within
three (3) 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 the documents used
in our investigation. Errors in your bank account
that are unrelated to a Viamericas Service should
continue to be directed to your financial institution.
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| 21. |
YOUR LIABILITY
FOR UNAUTHORIZED TRANSFERS.
Tell us AT ONCE if you believe your User
ID, PIC, and/or Viamericas Money Transfer CardSM has been lost
or stolen. Telephoning us at 1-866-VIA-7272
is the best way of keeping your possible losses
down. You should also contact your financial
institution at the address they have provided
regarding any unauthorized debits posted to
your bank account.
If you tell us within two (2) business
days, you can lose no more than US$50 if someone
uses your User ID and/or PIC without your permission
if we receive such notification prior to any
unauthorized use.
If your bank account statement or activity
history shows transactions you did not make,
tell us at once. If you do not tell us within
sixty (60) days after the questionable transaction
is posted to your bank account statement or
activity history, you may not get back any money
you lost after the sixty (60) days if we can
prove that we could have stopped someone from
taking money if you had told us in time. If
a good reason (such as a long trip or hospital
stay) prevented you from telling us, we may
extend the time periods.
PROTECT THE VIAMERICAS MONEY TRANSFER
CARDSM AND TREAT IT AS
CASH. PLEASE
REPORT A LOST OR STOLEN MONEY TRANSFER CARDSM
IMMEDIATELY.
VIAMERICAS CANNOT REIMBURSE FUNDS THAT
ARE USED FROM A MONEY TRANSFER CARDSM BEFORE IT IS REPORTED
LOST OR STOLEN.
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| 22. |
GENERAL COMPLIANCE
WITH LAWS; INDEMNITY. You shall comply with
all applicable laws, statutes, ordinances and
regulations regarding your use of the Service
and your offer to purchase and purchase of Items.
You agree to indemnify and hold us and
our subsidiaries, affiliates, officers, directors,
agents, and employees harmless from any claim
or demand, including reasonable attorneys' fees,
made by any third party due to or arising out
of your breach of this Agreement, or your violation
of any law or the rights of a third party, or
otherwise arising out of your use of the Service.
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23. |
RESOLUTION
OF DISPUTES BY A |