TERMS AND CONDITIONS FOR
TRANSAMERICAS ONLINE SERVICES
Important Notices
1. PLEASE READ THIS AGREEMENT CAREFULLY (DEFINED BELOW). THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS, INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED THROUGH BINDING ARBITRATION. THE TERMS OF THE ARBITRATION PROVISION ARE SET FORTH IN THE SECTION BELOW TITLED "ARBITRATION AND WAIVER OF CLASS APPEAL AND JURY TRIAL."
2. BY ACCESSING, USING OR ATTEMPTING TO USE THE SERVICES (DEFINED BELOW) IN ANY CAPACITY, CUSTOMER ACKNOWLEDGES THAT IT ACCEPTS AND AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
3. AS EXPLAINED IN MORE DETAIL IN THE SECTION BELOW TITLED "ELECTRONIC COMMUNICATIONS", AUTHORIZATION TO RECEIVE ANY AND ALL COMMUNICATIONS ELECTRONICALLY (DEFINED BELOW) IS A CONDITION OF ACCESSING AND USE OF THE SERVICES, WHICH MEANS THAT IF YOU REVOKE YOUR CONSENT TO RECEIVE SUCH ELECTRONIC COMMUNICATIONS AND DISCLOSURES, CUSTOMER UNDERSTANDS THAT HE WILL NOT BE ABLE TO CONTINUE ACCESSING OR USING THE SERVICES.
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The Transamericas Services® online money transfer services ("Services") are provided by Transamericas Services Corporation. ("we", "us", "our" or "Transamericas Services") through our website (transamericasservices.com) and mobile site (collectively, the "Website") and our network of agents, authorized delegates and other entities authorized (each an "Agent"). These terms and conditions, together with any forms, receipts, confirmations, or other documentation completed or used in connection with Customer's use of the Services, including any pre-transaction or post-transaction disclosures, constitute the entire agreement ("Agreement") between the Customer, the individual purchaser of the Services ("Customer", "your" or "Sender") and Transamericas.
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A. ELECTRONIC COMMUNICATIONS
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1. Scope of communications to be provided in electronic format. You understand and agree that we may provide you with any or all of the following types of communications electronically: (i) disclosures, notices and other legally required 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 relating to your Transfers; (vi) information relating to the debit or billing, as applicable for the selected Payment Method; (vii) any and all legally required error resolution policies, and responses to complaints filed in connection with your access to or use of the Services; (viii) any other communications relating to your access to and/or use of the Services, and (ix) your consent, marketing and other promotional communications (collectively, "Communications").
2. Written Communications. All Communications in electronic or paper form from us to the Seller will be deemed "in writing". You must print or download for your records a copy of this Agreement and any other Communication that is important to you.
3. Method of providing communications to the customer in electronic format. All Communications that we provide to you in electronic form will be provided (1) via email, (2) by accessing a website which we will designate in an email notice that we will send to you at the time the information becomes available, or ( 3) to the extent permitted by law, on our website or via SMS text message. Customer agrees to promptly review all communications sent to it, and that these are reasonable procedures for sending and receiving electronic communications.
4. How to update your records. In order to receive electronic communications, when using the Services for the first time, you must provide us with a true, accurate and complete e-mail address, as well as your contact information, and you must promptly notify us of any changes to this information. You can update information (such as your email address) through the Website.
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5. Hardware and Software Requirements. To access, view, and maintain electronic communications that we make available to you, you must have an electronic device that allows access to your email account or a commercially available Internet browser and a sufficiently recent version of Adobe Acrobat Reader; Adobe Acrobat Reader software is available free of charge from Adobe Systems Incorporated. You may wish to use a device capable of storing or printing Communications for your records.
6. Ordering 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. 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 (rather than an electronic) copy of any Communication that you have authorized us to provide electronically. Customer may obtain a paper copy of any Communication and/or agreements that it is required to sign in order to authorize ACH debits/credits and/or for credit card transactions for a maximum period of 24 months after such Communication or agreement have been provided or made available electronically. The customer may request such a hard copy by sending a detailed written request to that effect: Manager, Customer Service, Transamericas Services, 339 Lafayette St Wilson Avenue, Newark, NJ 07105, or by contacting us via the "Contact Us" link on website https://www.trasamericastransfers.com/.
7. 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, Transamericas Services 339 Lafayette St Wilson Avenue, Newark, NJ 07105, or by contacting us via the "Contact Us" link on Web site at https://www.trasamericastransfers.com/. Any withdrawal of your consent to receive electronic Communications will only be effective after we have received your withdrawal request and have given you a reasonable period of time to process such request. In the meantime, you will continue to receive Communications in electronic format. By withdrawing your consent, you will no longer be able to use the Services. Withdrawal of consent to receive marketing communications only does not, however, prevent use of the Services. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected, and your prior electronic records will remain accessible for as long as required by law and in a manner that permits accurate reproduction of the record to all persons entitled, under the law, to access the register.
8. Federal Law. Customer acknowledges and agrees that its consent to electronic communications is being provided in connection with a transaction that affects interstate commerce and that is subject to the Federal Electronic Signatures in Global and National Commerce Act ("E-SIGN Act") , and that the client and we both intend that the E-Sign Act will apply to the extent possible to validate our ability to conduct business with the client by electronic means.
9. Termination/Changes. We reserve the right, in our sole discretion, to discontinue providing you electronic communications, or to terminate or change the terms and conditions under which we provide electronic communications. The customer will be informed of any termination or change as required by law.
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B. TRANSAMERICAS ONLINE SERVICES
1. Description of Services.
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The Services provide you with the ability to perform an online transaction in which, as a Sender, you send a designated amount of funds (the "Transfer Amount") through the Transamericas Services (involving, in some cases, your Agents) to a designated recipient (the "Recipient") (each such transaction, a "Transfer"). In connection with the Services, the Transamericas Services offer you the possibility to carry out multiple types of Transfers, which are summarized as follows:
- Domestic Transfers - A person-to-person Transfer where the Recipient may collect the Transfer Amount at a Transamericas location or Agent ("Transamericas Services Location") within any state, territory, or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
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- International Transfers - A transfer to a Recipient located in a foreign country (ie, not a state, territory or possession of the United States). For International Transfers, the Recipient can be (a) an individual (ie, 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 for the Issuer to deposit the Transfer Amount into the designated bank account or charge the Transfer Amount to the designated prepaid card or mobile wallet account, as applicable.
- Entry and exit of funds involving USDC: Circle Internet Financial, Inc. is responsible for providing the exchange service from USDC to USD and USD to USDC. For all transactions involving the purchase or sale of USDC, Dollar-collateralized Stablecoin developed by CENTER Consortium, the customer acknowledges and agrees that he/she is the sole beneficial owner of the wallet and the digital assets contained therein for these transactions.
We do not offer all Services to all countries. Additional information regarding the Services may be made available and obtained on the Website or through 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, confiscated, or ultimately unavailable due to certain laws and regulations governing our Services, as well as certain circumstances and conditions associated with Customer's use of the Services.
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We will communicate the Transfer and Transfer Amount, and other information relating to the Customer and/or the use of the Services, to the competent legal or regulatory authorities, governing bodies or entities, when necessary or appropriate, in accordance with the laws and regulations that govern our Services.
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2. Use of the Services.
IN ORDER TO USE THE SERVICES, YOU MUST:
- be a resident of the United States and be at least eighteen (18) years of age (or the applicable age of majority and contractual capacity); and
- have and use a valid user account (see Section 3 below for information regarding creating a user account).
YOU MAY ONLY USE THE SERVICES FOR A LAWFUL PURPOSE, AND YOU MAY NOT USE THE SERVICES (I) FOR SAVING, RELIABILITY OR GAMING PURPOSES, (II) TO SEND A TRANSFER ON BEHALF OF A THIRD PARTY, (III) TO PAY FOR PURCHASES BY INTERNET, (IV) TO SEND MONEY TO WHOM YOU DO NOT KNOW OR, WITH REGARD TO EXPRESS PAYMENT TRANSFERS OR INTERNATIONAL TRANSFERS, TO A THIRD PARTY NOT AUTHORIZED BY TRANSAMERICAS AS ADVERTISER, CARRIER OR ISSUER, AS APPLICABLE, OR (V) THE SALE OR PURCHASE OF TOBACCO OR TOBACCO-RELATED PRODUCTS INCLUDING, BUT NOT LIMITED TO, CIGARETTES, CIGARS, CHEWING TOBACCO, PLANT-BASED CIGARETTES, HOOKAH PRODUCTS OR MOLASSES CONTAINING TOBACCO, NICOTINE SPRAYS OR ELECTRONIC OR SMOKE FREE CIGARETTES.
Transamericas 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 Account (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 without limitation:
- if we believe, in our sole discretion, that you directly or indirectly use or attempt to use the Services for any illegal or improper purpose;
- if you provide incomplete, incorrect or false information about yourself, your Payment Method or a Recipient;
- if you attempt to tamper with, hack, modify or otherwise corrupt the security or functionality of the Website or the Services;
- if you attempt to transfer or collect funds from a Payment Method that does not belong to you, does not have sufficient available funds (or credit, as applicable), or has expired, or if your Payment Method is declined or your payment is blocked or rolled back for any reason;
- if we have reason to believe that any Transfer cannot be authorized by you;
- if any Transfer involves funds subject to a hold, dispute or legal process that prevents the withdrawal of the relevant bank account or credit card account;
- if the customer has violated a term or condition of this Agreement, or if any representation or warranty that the customer makes under this Agreement is false;
- if we determine that your user account is inactive;
- if any Transfer violates or contradicts this Agreement or any of our policies, procedures or practices, or violates any law, rule or regulation applicable to the Services, the customer or the provider of any Payment Method; or
- for our protection or yours, or for the protection of any Agent, Issuer, Biller or Carrier, we have reasonable grounds not to process the Transfer request.
Customer agrees that neither Transamericas nor any Agent or Service Provider will be held liable or liable to Customer or any other person for such action, except as required by law.
Identification. In an effort to combat money laundering activities and the financing of terrorism, the law requires a money-transmitting institution, such as Transamericas, to obtain, verify and record information that identifies each person requesting the creation of a User Account and/or or to initiate a Transfer through the Services.
What this means for you: As part of the request to create a User Account, or the process to initiate a Download through the Website, we will ask you for personal information such as your name, address, date of birth, and other information that allows us to identify you. We may also request a copy of your driver's license or other identification documents or information at any time. Notwithstanding anything to the contrary, we may obtain information about you from your mobile operator or data providers authorized by your mobile operator or other third party sources in order to verify your identity, administer your User Account, or identify and/or prevent fraudulent activities. You authorize your mobile operator and its data sources to provide us with your account/subscriber information, including (if applicable) your name, address, email and device data for these purposes. We reserve the right to take any and all legal steps we deem necessary or appropriate to verify the information you provide to us, including, but not limited to, obtaining consumer reports. If the customer refuses or fails to provide the requested information, or if we are unable to verify the information provided and/or verify your identity to our satisfaction, Transamericas, in its sole discretion, reserves the right to refuse the establishment of an Account. to the customer, to provide you with access to the Services, and/or to discontinue access to or use of any User Account or any previously established Services at any time. In addition, the customer may be subject to civil and criminal proceedings.
4. Website User Account.
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You must have a valid user account on the Website ("User Account") in order to use the Services. You can request through the Website the creation of a User Account by entering your personal information, selecting a "User ID" (which is your e-mail address and is used for identification purposes) and a password, and confirming the your acceptance of this Agreement. If Transamericas accepts your application, it will establish your User Account and activate it for use in accessing the Services, subject to the limitations set forth in this Agreement. All information provided by the customer will be stored in your User Account and maintained by Transamericas and/or certain companies contracted by Transamericas or its contractors to provide the Services (each, a "Service Provider").
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YOUR PASSWORD IS HIGHLY CONFIDENTIAL AND SHOULD NOT BE SHARE WITH ANY OTHER PARTY. The customer agrees to assume at all times all responsibility for the supervision, management, control and confidentiality of his user identification 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 Transamericas nor any Service Provider will any responsibility or liability to the customer or any other person for any loss or damage that the customer or any other person may suffer if you disclose your User ID and password to any other person or if your User Account is compromised in other way.
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CONTACT US IMMEDIATELY AT (856) 313-6418 OR SEND US AN EMAIL USING THE "CONTACT US" LINK ON OUR WEBSITE IF YOU BELIEVE THAT YOUR USER ID AND/OR PASSWORD HAS BEEN LOST OR STOLEN OR THAT YOUR USER ACCOUNT IS OTHERWISE COMPROMISED.
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Once your User Account has been established, you will be able to make Transfers by entering your User ID and password on the Website to log into your User Account and following the instructions for the type of Transfer you wish to make.
Records and communications relating to your Transfers will be published in the "User Account" section of the Website. You may access these records and Communications at any time by logging into your User Account and clicking on the "My Account" link.
You agree that by submitting information to establish a User Account, or by initiating any Transfer, or by accessing or using the Services, you represent that all information you have provided, or that is currently in your User Account, is complete. and accurate in all respects.
Transamericas has the right to rely on any information provided by the customer, and the customer understands that it is their responsibility to promptly update their information with us if their email address or other information contained in their User Account, or that the customer has provided to Transamericas, has changed. The customer may update his User Account information by following the instructions on the Website.
All Communications that 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 Account, please contact us via the "Contact Us" link on our Website at https://www.transamericastransfers.com. If we suspend or deactivate your User Account for any reason, we may, in our sole discretion, cancel your pending Transfer requests. Please note that if your User Account is deactivated for any reason, you will not be able to use the Services until you obtain a new User Account through the process described above.
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5. Start a transfer.
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To initiate a Transfer, you must enter the name of the Recipient (the individual or the relevant Issuer, Biller or Carrier), the desired Transfer Amount and other information that may be required, and you will be asked to select a payment method. for the Transfer. Transamericas currently offers three payment methods for Transfers: (a) direct debit ("ACH") to your bank account; (b) debit card; and (c) credit card (each of (a)-(c), a "Payment Method"). However, not all Payment Methods are allowed for all categories of Transfers. The Payment Methods available for your Transfer will be indicated on the Website at the time you initiate your Transfer.
Transamericas reserves the right to impose restrictions on each Transfer Amount. Any such limitations and/or other restrictions applicable to the Transfer will be posted on the Website or disclosed at the time you initiate a Transfer. For example, there are limits to the amount you can send. If necessary, we will tell you what they are.
All fees to be imposed by Transamericas for the Transfer (each, a "Transfer Fee"), all taxes levied by us and charged to you as part of the Transfer ("Transfer Fees"), and all applicable fees that must be disclosed to you by us ("Other Fees") will be those identified in the applicable disclosure(s) generated with your Transfer. Your Payment Method provider may impose additional fees in connection with your use, or attempted use, of your Payment Method to pay for a Transfer. Fees imposed by that provider or any other person not directly party to the Transfer, such as the Recipient's financial institution, may not be reflected in any prepayment disclosure or Receipt (defined below).
In addition, it is possible that other taxes or costs may apply to the Transfer that are not imposed by Transanericas or paid through Transamericas, which may not be reflected in any prepayment disclosure or your Transfer Receipt. Transfers that (i) exceed applicable limits; (ii) are sent to certain Expected Destinations (defined below in section B.6); (iii) entail any legal, compliance or other regulatory issues; or (iv) are sent via delayed delivery options may take longer than anticipated, may be subject to amount limitations or may be subject to additional restrictions that may affect the ability of 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 Recipient if we reasonably believe that to do so: (a) doing so may be prohibited by law, regulation, code or other applicable duty or requirement to Transamericas or to any Agent or Service Provider; (b) doing so may expose Transamericas, any Agent or Service Provider to the action of any government or regulatory body; or (c) may be linked to fraudulent or illegal activities. In certain circumstances, legal or regulatory requirements may prevent us from sharing with you the specific reason(s) that prevent us from sending the requested Transfer. A Transfer made in conjunction with an initial user account application will be delayed until your identity and funding information has been fully confirmed by Transamericas.
For each Transfer you initiate, you authorize Transamericas (or any party authorized by Transamericas) to debit or charge, as applicable, the Payment Method selected for the Transfer Amount, plus any applicable fees, including the Transfer Fee, and charges. Whether the Transfer is made by debiting your bank account or debit card account or by debiting your credit card account, the funds or credit, as the case may be, must be available in the account from which the Transfer is made. .
Transamericas will have no obligation to effect a Transfer unless sufficient funds or credit are available to the bank account, debit card account, credit card account, as applicable, and neither Transamericas nor any service provider will have any liability if a Transfer fails as a result of insufficient funds or credit being available. Transamericas may re-submit for collection any ACH debit authorized by the customer that is returned to it for any reason. You are liable to Transamericas if Transamericas completes a Transfer you have requested and for any reason Transamericas is unable to collect the funds from your bank account, debit card account or credit card account (as applicable), or if the Transfer is subsequently reversed.
If we are instructed to initiate an ACH debit transfer to your bank account by 5:00 pm Central Time on any day other than a Saturday, Sunday or bank holiday, that banks in the United States are open (a "Business Day"), we will attempt to debit your bank account on such Business Day. If you initiate an ACH debit transfer to your bank account after this cut-off time or on a day other than a Business Day, we will debit the funds from your bank account on the next Business Day. The cut-off time does not apply if you initiate a Transfer using your debit or credit card.
Upon commencement and payment of the Transfer, we will provide you with a Post-Transaction Communication ("Receipt") which will serve as a record of the Transfer. Keep the Receipt for your records by printing a copy or saving it to your local hard drive. In addition, records of all Transfers you initiate will be published and updated in your User Account, which can be accessed through the Website using your User ID and Password.
Customer agrees to regularly check information related to Transfers in their bank account, credit or debit card statements, and through their User Account on our Website, and agrees to contact us immediately if they have any questions or problems related to with any Transfer made through the Services.
6. Receiving a transfer.
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For (a) an International Transfer sent to an Issuer for the purpose of depositing funds into a bank account or loading funds onto a prepaid card, or (b) an Express Payment Transfer to an Issuer 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.7 below).
When a Domestic Transfer or International Transfer is sent to a Recipient who is an individual (i.e., a person-to-person transfer), the Recipient may receive the Transfer Amount at a Transamerica Location at the Intended Destination designated by you at the time you initiate the transfer.
As used herein, an "Expected Destination" means "Expected Destination": (I) for Domestic Transfers and Express Payment Transfers, the State or territory designated by the customer where the Recipient is to receive the Transfer in the United States or a contiguous State or territory to that designated State or territory; or (II) for International Transfers, the country or territory, as applicable, designated by the customer where the Recipient is to receive the Transfer. Disbursement of the Transfer is generally in the form of cash, money order, check, remittance to an account, or a combination of these payment methods (each, a "Payment Method").
In certain circumstances, the Recipient may request or accept a Payment Method other than the Payment Method they have selected and authorize Transamericas to honor the Recipient's election or acceptance at Transamericas' discretion.
Except for Express Payment Transfers, you will receive a reference number that corresponds to your Transfer ("Reference Number"). Ask your designated Receiver to provide this Reference Number to receive the Transfer. We reserve the right to require, and may be legally obligated to obtain, documentation or information that assists us in identifying your Designated Recipient in connection with any purchase and/or use of our Services ("ID"). At some Agent locations, the Recipient may be required to provide an answer to test questions, in lieu of identification, in order to receive the Transfer. Test questions may not be available at certain Agent locations or Expected Destinations. YOU MUST NOT PROVIDE YOUR DATA, THE RECIPIENT'S DATA, THE REFERENCE NUMBER, OR THE TEST QUESTION AND ANSWER TO ANYONE OTHER THAN THE DESIGNATED RECIPIENT. Customer agrees to take reasonable steps to ensure that such details are not disclosed to any other persons. Transamericas' obligations to the customer will cease once the Transfer is disbursed to an individual who: correctly answers a test question (if applicable); provide identification to the Agent that describes the customer's designated Receiver; or, provide the correct Reference Number.
A Transfer is deemed to have been disbursed by us and delivered, and we have no other liability to you, except as set out below, where, as applicable (A) we have transferred the relevant amount to the Issuer, Biller or Carrier, or to your designated; or (B) for Person-to-Person Transfers, the Transfer is effectively disbursed by us or our Agent to the Recipient, subject to the above Recipient identification provisions. We will not contact the Recipient to advise them when the Transfer is available for collection; this is something you will have to do. Collection may only be made during the hours of operation of the relevant Agent and subject to local regulations and compliance requirements. Certain Expected Destinations may impose taxes, fees, and/or fees upon Recipient's receipt of, or access to, the Transfer.
7. Specific Terms for International Transfers.
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In addition to the Transfer Fee applicable to a Transfer, a currency exchange fee may apply to International Transfers. Certain currencies will be converted to other currencies at an exchange rate established by Transamericas ("Exchange Rate"). The currencies available for payment in the country to which you wish to send your Transfer (each a "Payment Currency") as well as the Exchange Rate set by Transamericas for the Transfer may be determined using the calculator function available through the Services on time each Transfer begins. Payments will generally be made in the national currency of the Expected Destination ("Local Currency"). In some countries or territories, you may designate a Payment Currency other than the Local Currency. The Payment Currency and Exchange Rate to be used for your Transfer will be reflected in the prepayment disclosure and Receipt. The Exchange Rate will be rounded to a consistent number of decimal places for each currency, in accordance with applicable laws and regulations. Any difference in the Exchange Rate disclosed to the customer and the exchange rate received by Transamericas will be maintained by Transamericas (and/or its Agents in some cases) in addition to any Transfer Fees. Transamericas is not responsible for the exchange rate that will apply if the Recipient chooses to receive in a Payment Currency other than the Payment Currency selected by the Recipient.
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8. Specific Terms for International Transfers to an Issuer and Express Payment Transfers.
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Your ability to make a payment to the Issuer, Biller or Carrier, and the allowable amount of any such payment, remains subject to the authorization of the Issuer, Biller or Carrier and any applicable terms and conditions established by the Issuer, Biller or Carrier. If you initiate a Transfer after 23:00 CST, Transamericas will provide notice of the Transfer to the 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 the Issuer, Biller or Carrier for more information. TRANSAMERICAS HAS NO CONTROL OVER THE TIME THAT THE ISSUER, BILLER OR CARRIER CREATES A PAYMENT TO YOUR ACCOUNT AND IS NOT RESPONSIBLE FOR ANY DELAY REGARDING WHEN FUNDS REMITTED TO AN ISSUER, BILLER OR CARRIER WILL BE MADE AVAILABLE OR CREDITED TO THE ISSUER, BILLER OR CARRIER, OR ANY FAILURE BY AN ISSUER, BILLER OR CARRIER TO PROPERLY ACCEPT OR PROCESS ANY FUNDS REMITTED TO THEM.
9. Refunds.
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Your rights with respect to the Transfer and the availability of a refund are explained in the applicable disclosures generated in connection with your Transfer. If Transamericas determines that you are entitled to a refund, such refund will be credited to the Payment Method used to initiate the Transfer.
10. Expired Transfers.
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If you ask us to process a Transfer to an individual Recipient to be charged in cash at a Transamerica location and the Transfer Amount has not been charged within ninety (90) days, we will treat the Transfer as no longer able to be performed (an "Expired Transfer "). We shall have no obligation, after such ninety (90) day period, to execute an Expired Transfer. If you are aware that a transfer amount has not been charged, please contact us to request a refund.
11. Other Financial Obligations.
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To the extent permitted by law, Transamericas is entitled to charge the Customer the Transfer Amount, Transfer Taxes, and other Fees of any uncollected or reversed Transfer, plus any assessed fees and collection expenses, court costs, and attorneys' fees. To the extent permitted by law, Contractor agrees to hold Transamericas harmless from any losses, costs, expenses or damages that it may incur in connection with the collection of any Transfer or in the defense of any of the foregoing claims, including court costs and attorneys' fees. Customer may be notified to a collection agency or credit agency if it fails to pay any Transfer Fee or Transfer Fee that it has authorized pursuant to this Agreement. The customer authorizes Transamericas to debit their bank account or debit card account and/or debit their credit card account any amounts due to Transamericas described in this section.
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C. CONTACT DETAILS, ERROR RESOLUTION AND CUSTOMER SERVICE INFORMATION
We are committed to ensuring that you receive high quality service from us. If you are not satisfied with the Services or believe that 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, please do so:
- Call us at (856) 313-6418; or
- Write to us at Manager, Complaints Management, Transamericas Services Corporation, 339 Lafayette St Wilson Avenue, Newark, NJ 07105;
- Send us an email to help@transamericastransfers.com
- Go to www.transamericastransfers.com, scroll down to "Contact Us" and fill in the online form.
If you call us, we may ask you to provide us with details in writing within ten (10) business days.
Please see the applicable disclosures generated in connection with your Transfer for information on communicating and resolving any errors relating to your Transfer.
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E. OUR RESPONSIBILITY; LIMITATIONS; DISCLAIMER OF WARRANTIES
If, after receiving a request for a fully paid, timely, complete and accurate Transfer in accordance with this Agreement, Transamericas fails to complete a Transfer on time or for a correct amount in accordance with this Agreement, Transamericas will be liable only for actual damages proximately caused, to the extent required by applicable law.
UNLESS APPLICABLE LAW REQUIRES OTHERWISE, YOUR EXCLUSIVE AND MAXIMUM REMEDY AGAINST TRANSAMERICAS IS A REFUND OF THE AMOUNT OF THE TRANSFER PLUS ANY REFUNDABLE TRANSFER FEES CHARGED BY TRANSAMERICAS. THERE IS NO OTHER REMEDY AVAILABLE TO CUSTOMER, INCLUDING, BUT NOT LIMITED TO, ANY REMEDY FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. THESE LIMITATIONS APPLY WHETHER YOUR CLAIM ARISES DUE TO THE NEGLIGENCE OF TRANSAMERICAS OR ITS AGENTS, OTHER FAILURE, ERROR, OMISSION OR NON-EXECUTION. WE DO NOT ACCEPT ANY LIABILITY FOR THE ACTS OR OMISSIONS OF AN ISSUER, BILLER OR CARRIER OF THE RECIPIENT'S BANK, OR ANY OF ITS SERVICE PROVIDERS OR THEIR APPOINTMENTS.
WE WILL NOT BE LIABLE TO YOU: (A) FOR ANY DELAYS OR ERRORS, OR ANY CLAIMS, LOSS OR DAMAGES, RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENT AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS, (B) FOR ANY CLAIMS, LOSSES OR DAMAGES RESULTING FROM FAILURE TO COMPLY WITH THESE TERMS, 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 THE CUSTOMER DOES NOT HAVE SUFFICIENT FUNDS TO DEBIT OR THE FUNDS ARE SUBJECT TO A HOLD, LEGAL PROCEEDING OR OTHER RESTRICTIVE TRANSFER CLAIM AT THE TIME WE ARE ATTEMPTING TO DEBIT YOUR BANK ACCOUNT OR CARD DEBIT OR BECAUSE THERE IS NOT ENOUGH CREDIT AVAILABLE ON YOUR CREDIT CARD; (D) IF THE CUSTOMER HAS NOT FOLLOWED THE TRANSFER INSTRUCTIONS CORRECTLY; (E) IF YOU HAVE NOT GIVEN US CORRECT, COMPLETE OR TIMELY INFORMATION; OR (F) IF THE RECIPIENT REFUSES OR DOES NOT ACCEPT OR CHARGE A TRANSFER.
CUSTOMER EXPRESSLY AGREES AND UNDERSTANDS THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TRANSAMERICAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, 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.
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F. ARBITRATION AND WAIVER OF CLASS APPEAL AND JURY TRIAL
EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH A TRANSFER, AGREEMENT OR BREACH OF THIS AGREEMENT, INCLUDING STATUTORY CLAIMS BY CONSUMERS (EACH A "DISPLAY") SHALL BE RESOLVED SOLELY BY ADMINISTRATED ARBITRATION BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS COMMERCIAL ARBITRATION RULES AND, AS APPLICABLE, THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER RULES ("AAA CONSUMER RULES"), BOTH AVAILABLE ON THE WEBSITE OF AAA EM . YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS SECTION (F), YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
THE DETERMINATION OF WHETHER A DISPUTE IS SUBJECT TO ARBITRATION, IF DISPUTE, WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT AND DETERMINED BY A COURT AND NOT AN ARBITRATOR. YOUR ARBITRATION FEES AND YOUR PART IN THE ARBITRATOR'S COMPENSATION SHALL BE GOVERNED BY THE AAA RULES AND, WHEN APPROPRIATE, LIMITED BY THE AAA CONSUMER RULES. IF SUCH COSTS ARE DETERMINED BY THE ARBITRATOR TO BE EXCESSIVE, WE WILL PAY ALL ARBITRATION FEES AND EXPENSES. ARBITRATION MAY BE CARRIED OUT IN PERSON, THROUGH SUBMISSION OF DOCUMENTS, BY PHONE OR ONLINE, AT YOUR ELECTION, SUBJECT TO THE ARBITRATOR'S DETERMINATION. IF IN PERSON, ANY ARBITRATION HEARING YOU ATTEND WILL TAKE PLACE IN THE FEDERAL JUDICIAL DISTRICT OF YOUR RESIDENCE.
RESTRICTIONS. CUSTOMER AND WE AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN CUSTOMER AND US INDIVIDUALLY. TO THE EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE ASSOCIATED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO USE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT AS A PURPOSED REPRESENTATIVE ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. ANY LITIGATION MUST BE BROUGHT WITHIN ONE YEAR AFTER THE COMPLAINANT DISCOVERS THE FACTS FORMING THE BASIS OF THE CONTROVERSY OR CLAIM, OR IS TERMINATED FOREVER.
Exceptions to Arbitration. You and we agree that the following Disputes (and only these Disputes) are not subject to the aforementioned provisions relating to binding arbitration and may be brought in any court having jurisdiction over the parties and the matter at issue: (1) any action for to compel arbitration, to suspend proceedings until arbitration, or to confirm, modify, vacate or adjudicate the award rendered by the arbitrator; and (2) any action to seek temporary injunctive relief that will remain in effect only until an arbitrator can determine whether the injunctive relief should be continued, modified or removed.
Divisibility. You and we agree that if any part of this Section (F) is held to be illegal or unenforceable, that part will be severed and the rest of Section (F) will be given full force and effect.
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G. CHANGES TO THIS AGREEMENT
We may change or modify the terms and conditions of this Agreement from time to time in our sole discretion. We agree to notify you of such changes or modifications: (a) if required by law, send notice of such change or a copy of the amended agreement to the last address or email address listed in our records; or (b) if required by law, post a notice on the Website. However, prior notice of changes may not be given where 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 change, you agree to be bound by the amended terms and conditions of this Agreement as of the effective date of such changes.
H. PRIVACY NOTICE
For information on how we use, share and safeguard your personal information, please see our Privacy Statement available here on our Website at https://www.transamericastransfers.com/privacypolicy or by calling (856) 313-6418.
I. STATE SPECIFIC INFORMATION
Transamericas is licensed or authorized to operate as a money transmitter in several US states and territories. If you are a resident of certain states, you may have additional rights under the laws of those states. See applicable State Legal Notices at http://www.transamericastransfers.com/us/en/legal-notices.
J SEVERAL
Full understanding. This Agreement constitutes the entire agreement between Customer and Transamericas regarding the use of the Services, and supersedes any prior agreements between Customer and Transamericas, to the extent that they might otherwise apply to the Services. Otherwise, any other agreements of this type remain in full force in accordance with their terms. Unless otherwise inconsistent with relevant federal and state laws, this Agreement is governed by the laws of the State of New Jersey without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods, and Customer and Transamericas agree to submit to the exclusive personal jurisdiction and venue of the courts located in the City and County of Newark, New Jersey, except as provided in Section (F) above relating to arbitration.
English language controls. 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 the terms, conditions and representations in this Agreement are subject to English language definitions and interpretations.
Divisibility. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, the parties agree, however, that the court shall 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. Customer agrees that each Agent and Service Provider is a third party beneficiary of this Agreement for purposes of indemnification and limitations of liability.
Headers. The titles, legends, headers, footers and version numbers contained in this Agreement are inserted for convenience only and do not affect the meaning or interpretation of this Agreement.
assignment. You may not assign this Agreement to any other party. Transamericas may assign this Agreement or delegate any of its rights and responsibilities under this Agreement to third parties without notice.
No waiver. Transamericas will not be deemed to have waived any of its rights or remedies under this Agreement unless such waiver is in writing and signed by the allegedly waived party. Transamericas' delay or failure to exercise or enforce any right or remedy under this Agreement shall not constitute a waiver of such right or remedy or any other rights or remedies. A waiver on any occasion will 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 websites that are not under the control of Transamericas. Transamericas is not responsible for the content or transmission of any website to which a link is provided. The links do not imply that Transamericas endorses such websites and Transamericas makes no representation that they are free from errors or viruses. The above disclaimer of warranties also applies to any linked website.
November 2021
Transamericas Services Corporation is licensed as a Money Transmitter by the State of New Jersey Department of Banking and Finance #1703217, registered with FinCEN under NMLS # and in compliance with the BSA/AML program.
money services business, we are directly regulated by the Federal Government and various US state governments and agencies. It is our policy to comply with all applicable laws and obtain a license or grant exemption, as required in each state in which we operate.
Homelink
Dear Customer,
As a valued customer of Transamericas Services Corporation, it is crucial that you understand that, in accordance with applicable laws and regulations, only the registered cardholder is authorized to make online purchases of financial services. It is a legal requirement that the person initiating the transaction is the rightful owner of the debit card used for the purchase.
Legal Duty: You are legally obliged to ensure that you, as the cardholder, are the person initiating and authorizing any online debit card transactions on our platform. Failure to comply with this legal obligation may result in serious consequences, including but not limited to:
Termination of Services: Transamericas Services Corporation reserves the right to terminate or suspend the provision of financial services if there is evidence of unauthorized use of the card.
Civil Liability: Failure to comply with legal obligations may result in civil liability, and you may be held liable for any financial losses incurred by Transamericas Services Corporation as a result of unauthorized transactions.
Criminal Prosecution: Unauthorized use of debit cards for online transactions is considered a serious offense under the law and may result in criminal prosecution.
Legal Costs: In the event of legal action to enforce compliance, you may be responsible for covering the legal costs incurred by Transamericas Services Corporation.
We understand the importance of providing our customers with a safe and reliable platform for online transactions. Therefore, we strongly urge you to comply with your legal duty as a cardholder when making purchases on our website. To avoid any potential legal consequences, please ensure that you are the rightful owner of the debit card used for online transactions and that you have the legal authority to make such purchases. If you have any questions or concerns regarding this notice, please contact our customer service department by phone at (856) 313-6418 or by email at help@transamericastransfers.com.
Thank you for your cooperation and understanding.
Yours sincerely,
Compliance Department
Transamericas Services Corporation