This User Agreement 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 terms "Pontual Money Transfer", "we", "us", and "our" refer to Pontual Money Transfer, a trade name of Pronto Money Transfer, Inc., a California corporation, together with its employees, directors, successors, affiliates, and assignees. The terms "you" and "your" refer to users of the Service, whether in their capacity as Senders, Recipients, or Visitors to this website.
|1. OVERVIEW OF THE SERVICE|
|The Service allows people to send and receive money around the world. A "Sender" is someone who uses the Service to send money. A "Recipient" is someone who uses the Service to receive money through the Service. The "Destination Country" is the country in which the Recipient receives money through the Service. A "Transaction" is a specific instruction to send money through the Service. The "Transaction Amount" is the amount that the Sender provides for transmittal to the Recipient, excluding applicable fees and prior to any foreign exchange conversion. The "Payout Amount" is the amount paid out to the Recipient, excluding any taxes or charges that may be levied under the laws of the Destination Country (the "Local Taxes").|
|2. ACCESSING THE SERVICE|
a. Eligible Users. You must be at least eighteen (18) years old to access or use the Service as a Sender. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.
b. Not Available to Certain Residents. The Service may not be available in whole or in part in different states, countries, and jurisdictions.
c. Offer and Acceptance. If you submit a Transaction, you are requesting that we process your Transaction, an offer which we may accept or reject at our sole discretion.
a. Charges. For each Transaction that you submit, you agree to pay us a service fee (the "Service Fee") plus the Transaction Amount. Additional charges may apply. Payment is due at the time your transaction is submitted for processing. Pontual Money Transfer only accepts payment in U.S. Dollars. If you submit a transaction that results in Pontual Money Transfer being charged with NSF fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees.
b. Payment. In order for us to collect payment from you, you authorize us to access or debit funds from any of the payment instruments you provide us in connection with your use of the Service (each, a "Payment Instrument" including, for example, your credit/debit card or bank account). If your payment fails or is insufficient, you authorize us to re-try one or more times using the same or a different Payment Instrument. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we may try to debit your bank account at a later time. You represent and warrant that you are the lawful owner of your Payment Instrument(s).
c. Other Charges. Pontual Money Transfer is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. Pontual Money Transfer is not responsible for any insufficient funds charges, NSF fees, chargeback fees, or other, similar charges that might be imposed on you by your bank or other provider.
d. Foreign Currencies. Pontual Money Transfer and its Service Providers usually make money when you pay for a Transaction in one currency, and the Transaction is paid out in another, based on the difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. You agree that, when you send a Transaction to a Recipient's bank account, that the bank account is denominated in the same currency as the Transaction.
|Service Providers. We work with local destination banks, money exchange houses, and other third party service providers (each, a "Service Provider") to pay funds out to Recipients. You, in your capacity as a Sender, hereby appoint your Recipient as your agent for the purpose of receiving funds in connection with the Service. We attempt to provide up-to-date information on our website regarding the location, availability, and hours of our Service Providers. However, you agree that Pontual Money Transfer is not responsible for any inaccurate or incomplete information that may be posted on the site.|
a. General. We may, at any time and in our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregated basis. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in Pontual Money Transfer's sole discretion. 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 Transaction may be delayed or cancelled 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. Business hours and currency availability may also play a role. Nevertheless, you may be entitled to a refund in certain circumstances, as described herein.
c. Unauthorized Transactions. You may not use the Service in violation of this User Agreement or applicable laws, rules or 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 activities, fraud, money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or to send money to a Recipient that has violated the User Agreement. If you use the Service in connection with illegal conduct, Pontual Money Transfer reserves the right to report you to the appropriate law enforcement agency or agencies.
d. Ineligibility. Not all Payment Instruments are available to all customers at all times. We may, in our sole discretion, refuse Transactions funded from certain Payment Instruments. We may, at our sole discretion, refuse Transactions from certain Senders and to certain Recipients, including without limitation, entities and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as may be issued from time to time by the U.S. Department of Treasury and other government agencies.
e. Transactions on Behalf of Others. You may not submit or receive a Transaction on behalf of any other person. If you intend to submit or receive a transaction on behalf of a business or other non-human entity, you must inform Pontual Money Transfer of your desire to do so. You agree to provide us with additional information about any such entity, as requested by Pontual Money Transfer.
f. No Changes. We generally do not let you change the details of your Transaction once it's submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate.
g. Restricted Activities. In connection with your use of our website or the Service, or in the course of your interactions with Pontual Money Transfer, a user or a third party, you will not:
|6. COLLECTION OF INFORMATION|
d. Verifying information. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your email address or financial instruments, verifying your information against third party databases, or through other sources.
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 with respect to any aspect of the money transmission activities conducted with Pontual Money Transfer, you may contact the California Department of Business Oversight at its toll-free telephone number, 1-866-275-2677, by email at email@example.com, or by mail at Department of Business Oversight, Consumer Services, 1515 K Street, suite 200, Sacramento, CA 95814.
The following applies only to Transactions that are submitted by Senders in California.
RIGHT TO REFUND: You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if Pronto Money Transfer, Inc. does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by you within 10 days of the date of the receipt of the funds from you unless otherwise instructed by you. If your instructions as to when the moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted you have a right to a refund of your money.
If you want a refund, you must mail or deliver your written request to Pronto Money Transfer, Inc. at 111 N. Sepulveda Blvd, Suite 340, Manhattan Beach, CA 90266. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney's fees pursuant to section 2102 of the California Financial Code.
Error Resolution and Cancellation Disclosure: You have a right to dispute errors in your transaction. If you think there is an error, contact us within 180 days at 877-766-8825 or firstname.lastname@example.org. You can also contact us for a written explanation of your rights. You can cancel for a full refund within 30 minutes of payment, unless the funds have been picked up or deposited. For questions or complaints about Pronto Money Transfer, Inc. contact: California Department of Business Oversight, 1-866-275-2677 www.dbo.ca.gov, email: email@example.com or Consumer Financial Protection Bureau 855-411-2372, 855-729-2372, & (TTY/TDD) www.consumerfinance.gov. Recipient may receive less due to fees charged by the recipient's bank and foreign taxes.
|8. Pontual Money Transfer 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 Pontual Money Transfer copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by Pontual Money Transfer (the "Pontual Money Transfer Intellectual Property"). You agree not to display, use, copy, or modify the Pontual Money Transfer Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Service; (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof); or (iii) infringe Pontual Money Transfer's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.|
|9. DISCLAIMER OF WARRANTIES|
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.
|You agree to indemnify, defend and hold Pontual Money Transfer, Service Providers, and their respective subsidiaries, affiliates, officers, directors, agents, partners, and employees harmless from any and all claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of the Service, (ii) your connection to the Service, (iii) your violation of the User Agreement, (iv) your violation of any applicable state or federal laws or regulations, (iiv) your violation of any rights of another, and (iiiv) any intentional wrongdoing of any kind.|
|11. LIMITATION OF LIABILITY|
|EXCEPT FOR CLAIMS UNDER SECTION 1810.5(C) OF THE CALIFORNIA FINANCIAL CODE ARISING FROM TRANSACTIONS ORIGINATING IN CALIFORNIA, IN NO EVENT SHALL Pontual Money Transfer, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Pontual Money Transfer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF Pontual Money Transfer, DISBURSEMENT PARTNERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES.|
|12. DISPUTE RESOLUTION AND GOVERNING LAW|
a. Governing Law. This User Agreement shall be governed according to the laws of the State of California, and all activities performed in connection with the Service shall be deemed to have been performed in California. Any controversy, dispute, or claim arising out of or relating to the Service or User Agreement (a "Claim") shall be governed by and construed in accordance with the laws of California, except that body of law governing conflicts of law.
b. Disputes with Pontual Money Transfer. If a dispute arises between you and Pontual Money Transfer, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Pontual Money Transfer regarding the Service may be reported to Customer Service by telephone at 1-877-766-8825 (outside the United States, call 1-424-237-1840); by fax at 310-388-5457; or by mail at Pontual Money Transfer, Attn: Customer Service, 111 N. Sepulveda Blvd, Suite 340, Manhattan Beach, CA 90266, USA.
c. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
d. Forum for Disputes. Except as otherwise agreed by the parties or as described in section 12(c) above, you agree that any claim or dispute you may have against Pontual Money Transfer must be resolved by a court located in Los Angeles County. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
e. Improperly Filed Litigation. All claims you bring against Pontual Money Transfer must be resolved in accordance with section 12 of this Agreement. All claims filed or brought contrary to section 12 shall be considered improperly filed, and a breach of this Agreement. Should you file a claim contrary to section 12, Pontual Money Transfer may recover attorneys' fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that Pontual Money Transfer has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
|13. ELECTRONIC COMMUNICATIONS|
a. You acknowledge that this User Agreement shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means: (i) this User Agreement and any amendments, modifications or supplements to it; (ii) your records of transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or Pontual Money Transfer.
b. The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of this User Agreement.
c. In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, such as Internet Explorer version 4.0 or above, (ii) an e-mail account and e-mail software capable of interfacing with Pontual Money Transfer's e-mail servers, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing, (iv) sufficient electronic storage capacity on your computer's hard drive or other data storage unit, (v) a printer that is capable of printing from your browser and e-mail software. In addition, you must promptly update us with any change in your email address by updating your profile at https://www.PontualMT.com/PersonalDetails.aspx.
a. Entire Agreement. The User Agreement constitutes the entire agreement between you and Pontual Money Transfer and governs your use of the Service, superseding any prior agreements between you and Pontual Money Transfer.
b. No Waiver. The failure of Pontual Money Transfer to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the User Agreement as reflected in the provision, and the other provisions of the User Agreement shall remain in full force and effect.
c. Modification. We may modify this User Agreement from time to time without notice to you, except as may be required by law. You can 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 with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this User Agreement and acknowledge that any attempts by you to modify this User Agreement shall be void.
d. Language. In the event there is any inconsistency between the English and other language text on this website, including the User Agreement, the English text shall be binding.
|15. SECURITY AND FRAUD PREVENTION|
|Your security is very important to Pontual Money Transfer, and we work hard, utilizing state-of-the-art security measures, to make sure that your information is secure. Pontual Money Transfer is a safe and convenient way to send money to family members and to other people that you trust. But we urge you to consider carefully before sending money to anyone that you do not know well. In particular, you should be cautious of deals or offers that seem too good to be true. To learn more about fraud prevention, please refer to our advisory at Prevention of Frauds, Scams and Elder Abuse. If you think you have been or might be a victim of fraud, please contact us immediately by telephone at 1-877-766-8825 (outside the United States, call 1-424-237-1840). If you are aware of anyone or any entity that is using the Service inappropriately, please email us at firstname.lastname@example.org. And if you receive any fake (phishing) emails, purporting to be from Pontual Money Transfer, please forward them to us at email@example.com.|
|16. CONTACT INFORMATION|
|Questions, notifications, and requests for refunds or further information can be sent to Pontual Money Transfer, as follows: by telephone at 1-877-766-8825 (outside the United States, call 1-424-237-1840); by fax at 310-388-5457; or by mail at Pronto Money Transfer, Inc., Attn: Customer Service, 111 N. Sepulveda Blvd, Suite 340, Manhattan Beach, CA 90266, USA.|