TERMS AND CONDITIONS
MoneyGram® money transfer services (“Services”) are provided by MoneyGram Payment Systems, Inc. (“we”, “us” or “MoneyGram”) a licensed money transmitter, through its network of agents, authorized delegates and other permitted entities (“Agents”) and are subject to these Terms and Conditions and applicable law. Additional information regarding the Services may be available and obtained online at www.moneygram.com or by asking an Agent. These Terms and Conditions, along with any forms, receipts, acknowledgments, 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” or “Sender”) and MoneyGram. The Services, the underlying money transfer (“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 amount of a Transfer (“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.
RECEIVE INFORMATION. The individual designated by you to receive the Transfer (“Receiver”) may receive the funds sent by you at our Agents in Expected Destinations. As used herein, an “Expected Destination” generally means, for money transfer transactions from the United States that are to be received within the United States (“Domestic Transfers”), the State designated by you where the Receiver is to receive the Transfer within the United States or a State contiguous to such designated State; and for money transfer transactions sent from the United States that are to be received outside of the United States (“International Transfers”), the country or territory, as applicable, designated by you where the Receiver is to receive the Transfer. Depending on the type of Service selected by you, the disbursement of the Transfer will generally occur in the form of cash, money order, check, account deposit, or a combination of these payout methods (“Payout Methods”). Under certain circumstances, the Receiver may request a Payout Method that differs from the Payout Method you have selected and you authorize MoneyGram to honor the Receiver’s election. A Transfer is deemed disbursed by us and delivered, and we have no further liability to you, except as set forth below, when it is actually disbursed by our Agent (or notice of the Transfer’s disbursement is made available to us by the bank or account provider holding the account or their designee) to the Receiver, subject to the Receiver Identification provisions herein. Status tracking of a Transfer to an account may not be available from us. Certain Expected Destinations may impose taxes, fees, and or tariffs upon the Receiver’s receipt of, or access to, the Transfer. All fees charged by us as part of the Transfer (“Transfer Fees” or “Consumer Fees”), 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 (“Other Fees”) shall each be as identified on the applicable pre-transaction and post-transaction disclosures generated with your Transfer. Transactions which (i) exceed certain amounts; (ii) are to certain Expected Destinations; (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 dollar limits or may be subject to additional restrictions and may affect the ability for the Transfer to be disbursed. At no time will either you or the Receiver have a deposit with MoneyGram.
EXPIRED TRANSFERS. The following provision only applies to transfers in the US and Commonwealth of Puerto Rico: If you ask us to make a Transfer to be collected in cash and the Transfer amount has not been collected within 90 days, we will treat the Transfer as no longer capable of execution (an “Expired Transfer”). We will have no obligation, after that 90 day period, to execute an Expired Transfer. If an Expired Transfer occurs, you will be entitled to a refund of the amount of the Expired Transfer. If you become aware that a transferred amount has not been collected please contact us to ask for a refund.
REFUND INFORMATION. Subject to applicable law, (i) your Transfer may be cancelled for a refund of the Transfer Amount, unless the Transfer has been disbursed or deposited by us at the time we received your cancellation request and (ii) except as described below, the Transfer Fees associated with your Transfer are usually not refundable. You may request a refund and cancellation of the Transfer either by visiting an Agent location or contacting MoneyGram. All refund requests for Domestic Transfers will be subject to MoneyGram’s review and discretion and will normally be processed within thirty (30) days of receipt of a valid written request unless a shorter period is required by law. Effective October 28, 2013 (i) International Transfers may be cancelled for a full refund of the Transfer Amount and all Transfer Fees or Transfer Taxes paid by you within sixty (60) minutes after you have made the payment for the Transfer, unless such International Transfer has already been disbursed by us at the time of such oral or written cancellation request and (ii) you may be entitled to a full refund of the Transfer Amount and all Transfer Fees or Transfer Taxes paid by you if an error has occurred as set forth above or as otherwise provided under applicable law. Your rights regarding the Transfer are further explained under the applicable disclosures generated in connection with such International Transfer.
REFUND INFORMATION. Subject to applicable law, (i) your Transfer may be cancelled for a refund of the Transfer Amount, unless the Transfer has been disbursed or deposited by us at the time we received your cancellation request and (ii) except as described below, the Transfer Fees associated with your Transfer are usually not refundable. You may request a refund and cancellation of the Transfer either by visiting an Agent location or contacting MoneyGram. All refund requests for Domestic Transfers will be subject to MoneyGram’s review and discretion and will normally be processed within thirty (30) days of receipt of a valid written request unless a shorter period is required by law. Effective October 28, 2013 (i) International Transfers may be cancelled for a full refund of the Transfer Amount and all Transfer Fees or Transfer Taxes paid by you within sixty (60) minutes after you have made the payment for the Transfer, unless such International Transfer has already been disbursed by us at the time of such oral or written cancellation request and (ii) you may be entitled to a full refund of the Transfer Amount and all Transfer Fees or Transfer Taxes paid by you if an error has occurred as set forth above or as otherwise provided under applicable law. Your rights regarding the Transfer are further explained under the applicable disclosures generated in connection with such International Transfer.
REFERENCE NUMBERS AND IDENTIFICATION. You will receive a reference number that corresponds to your Transfer and in order to collect the money and complete a Transfer, the following must be provided: (i) Identification; (ii) the recipient’s details; (iii) the Sender’s name; (iv) the Transfer amount; and (v) the 8-digit reference number. You must not give these details to anyone other than your chosen Recipient. You must also do all you reasonably can to make sure no one else can obtain them – for example, by (i) not letting anyone see the receipt; (ii) not writing down the reference number in a way that can be recognized, nor letting anyone overhear you tell the Recipient the reference number; and (c) not trusting a person (other than the Recipient) who tries to assure you it is safe to disclose some or all of those details to them. We will not have any liability in the event that the Transfer is disbursed, when and as applicable, to an individual who provides valid identification to the Agent describing such person as the Receiver (even if such identification was false or forged) and provides a Reference Number.
EXCHANGE RATE; CURRENCY AVAILABILITY. In addition to the Transfer Fees applicable to your Transfer, if the Transfer is an International Transfer, a currency exchange rate may be applied. United States currency is converted to a foreign currency at an exchange rate set by us (“Exchange Rate”). The Exchange Rate described on any pre-transaction and post-transaction disclosures provided by MoneyGram to you has been rounded to the number of decimal places identified on such disclosures. The number of decimal places used by MoneyGram to convert the currency into foreign currency may be greater than that displayed on the disclosures. Any difference in the Exchange Rate disclosed to you in writing and the exchange rate received by MoneyGram will be kept by MoneyGram (and/or its Agents in some cases). 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, whether expressed in the Local Currency or otherwise, shall be reflected in the pre-transaction and post-transaction disclosures. Because not all currencies are available in all Agent locations, please ask an Agent or contact us by visiting www.moneygram.com or calling 1-800-926-9400 for information regarding the currency Exchange Rate or the currencies available in the Expected Destination.
EXCHANGE RATE; CURRENCY AVAILABILITY. In addition to the Transfer Fees applicable to your Transfer, if the Transfer is an International Transfer, a currency exchange rate may be applied. United States currency is converted to a foreign currency at an exchange rate set by us (“Exchange Rate”). The Exchange Rate described on any pre-transaction and post-transaction disclosures provided by MoneyGram to you has been rounded to the number of decimal places identified on such disclosures. The number of decimal places used by MoneyGram to convert the currency into foreign currency may be greater than that displayed on the disclosures. Any difference in the Exchange Rate disclosed to you in writing and the exchange rate received by MoneyGram will be kept by MoneyGram (and/or its Agents in some cases). 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, whether expressed in the Local Currency or otherwise, shall be reflected in the pre-transaction and post-transaction disclosures. Because not all currencies are available in all Agent locations, please ask an Agent or contact us by visiting www.moneygram.com or calling 1-800-926-9400 for information regarding the currency Exchange Rate or the currencies available in the Expected Destination.
LIABILITY. UNLESS APPLICABLE LAW REQUIRES OTHERWISE, YOUR EXCLUSIVE AND MAXIMUM REMEDY AGAINST MONEYGRAM IS REFUND OF THE TRANSFER AMOUNT PLUS ANY TRANSFER FEES CHARGED BY MONEYGRAM. NO OTHER REMEDY IS AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO ANY REMEDY FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. THESE LIMITATIONS APPLY WHETHER YOUR CLAIM ARISES DUE TO MONEYGRAM OR ITS AGENTS’ NEGLIGENCE, OTHER FAULT, ERROR, OMISSION OR NON-PERFORMANCE. WE ACCEPT NO RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF A RECEIVER’S BANK, SERVICE PROVIDER OR THEIR DESIGNEES.
ARBITRATION. UNLESS OTHERWISE SPECIFIED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE TRANSFER, THE AGREEMENT OR BREACH OF THIS AGREEMENT, INCLUDING STATUTORY CONSUMER CLAIMS, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. ANY SUCH ARBITRATION SHALL BE INITIATED AND HELD IN THE OFFICE OF THE AAA CLOSEST TO THE AGENT LOCATION WHERE YOU INITIATED THE TRANSFER. EACH PARTY SHALL BEAR ITS OWN COSTS AND FEES FOR EXPERTS AND ATTORNEYS, AND NO PARTY SHALL HAVE A RIGHT TO PARTICIPATE AS A MEMBER OF ANY CLASS OF CLAIMANTS. THIS EXCLUSIVE ARBITRATION REMEDY SHALL NOT BE AVAILABLE UNLESS INITIATED WITHIN ONE YEAR AFTER THE CONTROVERSY OR CLAIM AROSE.
GENERAL. This Agreement is governed by Minnesota law without regard to its conflicts of law rules, supersedes all prior agreements or understandings between you and MoneyGram, and cannot be modified orally. In the event of any conflict between the English version of our Agreement with you and any non-English version, the English version shall control and govern. Services are directed to persons 18 years and over, may not be used for escrow purposes or gambling, and may only be used for a lawful purpose. You represent, warrant and acknowledge to MoneyGram that (i) all information you supply to us as part of this Agreement is truthful, accurate and complete, (ii) you have received and reviewed a pre-transaction disclosure and/or receipt in connection with your purchase of Services and that the information contained on such documentation is complete and accurate and (iii) your use of the Services does not violate any law, including without limitation, laws relating to money laundering, illegal gambling activities, support for terrorist activities or fraud. You shall indemnify MoneyGram and its Agents for all losses of any kind (including attorneys fees) arising out of any breach of the Agreement by you or by the Receiver. MoneyGram may refuse to provide Services to any person.
PRIVACY NOTICE. To be able to provide our services we collect and process personal data of senders and recipients. The scope of this information depends on a specific product or service and includes your contact and identification information. We share this information with third parties such as our affiliated companies or vendors to be able to process your transactions, detect and prevent fraud and other illegal activities such as money laundering operations, cooperate with criminal or governmental investigations, in accordance with applicable laws or market our products and services to you. In addition, the personal information we collect is transferred outside the country of collection for international transfers and for further processing. For details on our privacy practices and your rights, please visit www.moneygram.com/privacy-notice. To opt out of receiving marketing communication from us, you may: (i) click on the “unsubscribe” link at the bottom of the Money-Gram marketing email you’ve received; (ii) reply “MGISTOP” to a text or SMS message; or (iii) contact us at [email protected].
