policy

UniTeller User Agreement

“We,” “us,” and “our” mean Servicio UniTeller, Inc. and our successors, assignees or affiliates. Servicio UniTeller, Inc., NMLS ID 928684, is referred to in this Agreement as “the Company.” The Company is a licensed money transmitter and is the provider of the Service, whether you access the Service through a mobile application or website operated by the Company or by a third party (each, a “Platform”).

“You” and “your” mean you, the Customer, who has registered to use the Service under the terms and conditions of this Remittance User Agreement (the “Agreement” or “User Agreement”). These terms and conditions apply both to individual persons (consumers) and to legal entities, including corporations, limited liability companies, organizations and other business entities established under applicable law.

1. OVERVIEW OF THE SERVICE

 The service (the “Service”) allows individuals or entities to send and receive money through a Platform. A “Sender” is someone who uses the Service to send money. A “Recipient” is someone who receives 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 taxes, if any, 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 certain states, countries, or jurisdictions. The Service is only available in those U.S. jurisdictions where the Company is licensed or otherwise authorized in accordance with applicable law.

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.

 3. PAYMENT

 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, such as taxes, may apply. Payment is due at the time your Transaction is submitted for processing. The Company only accepts payment in U.S. Dollars.

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 or 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. The Company is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. The Company 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. Based on the difference between the exchange rate at which we purchase a foreign currency and the exchange rate offered to you, the Company and its Service Providers (defined below) typically profit when you pay for a Transaction in one currency and it settles in another currency. You agree that when you make a Transaction to the payee’s bank account, that account is in the same currency as the Transaction.

e. Other Financial Obligations. To the extent permitted by law, the Company has the right to collect from you the Transaction Amount and Service Fee of any uncollected or reversed Transaction, plus any fees assessed and collection expenses, court costs and attorneys’ fees. To the extent permitted by law, you agree to hold the Company harmless from any losses, costs, expenses or damages it may incur in connection with collecting for any Transaction or in defending any such actions, including court costs and legal fees. You may be reported to a collection agency or credit bureau if you do not pay for any Transaction or Service Fee that you have authorized through a Platform in accordance with this Agreement. You authorize the Company to debit your Payment Instrument, bank account or debit card account and/or charge your credit card account for any amounts owed to the Company as described in this Agreement.

4. DISBURSEMENT

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, appoint your Recipient as your agent for the purpose of receiving funds in connection with the Service.

5. RESTRICTIONS

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 related accounts or households, in the Company’s sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part of it) 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. However, if your Transaction is cancelled, you will be entitled to a refund in accordance with these terms.

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 this 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 this User Agreement. If you use the Service in connection with illegal conduct, the Company 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, in our sole discretion, refuse Transactions from certain Senders and to certain Recipients, including without limitation entities and individuals that are included on the Office of Foreign Assets Control Specially Designated Nationals list, the Non-Cooperative Countries and Territories list, and such other lists as may be issued from time to time by the U.S. Department of the Treasury and other applicable government agencies.

e. Transactions on Behalf of Others. You may not submit or receive a Transaction on behalf of any other undisclosed person or business entity. If you intend to submit or receive a Transaction on behalf of any other individual or business entity, you must disclose this fact to the Company before the Transaction is processed. You agree to provide us with complete and accurate information about that individual or business entity as requested by the Company and in accordance with applicable law.

f. No Changes. We generally do not let you change the details of your Transaction once it is submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate. That said, we will always endeavor to make changes if and when possible.

g. Restricted Activities. In connection with your use of a Platform or the Service, or in the course of your dealings with the Company, a user or a third party, you shall not:

I. Breach this User Agreement, or any other agreement between you and the Company;
II. Open more than one account without our prior written permission;
III. Provide false, inaccurate, or misleading information;
IV. Refuse to cooperate in an investigation or to provide confirmation of your identity or of any information you provide to us;
V. Use an anonymizing proxy; or
VI. Use any robot, spider, other automatic device, or manual process to monitor or copy a Platform without our prior written permission.

6. COLLECTION OF INFORMATION

a. Privacy Policy. By agreeing to this User Agreement, you acknowledge and consent to the Company’s Privacy Policy, which is available on the Platform and upon request from Customer Service.

b. Customer Identification Program. To help the government fight the funding of terrorism and money laundering activities, applicable law requires that we obtain, verify, and record information about you. We may require that you provide us with nonpublic personal identifying information. We may also lawfully obtain information about you from other sources without your knowledge, including nonpublic personal identifying information that we may obtain while you use a Platform. Please see our Privacy Policy.

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

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, and verifying your information against third-party databases or other sources.

 7. PROBLEMS

General. Please let us know if you have any problems with the Service. You can contact us using the contact information at the end of this User Agreement.

ERROR RESOLUTION

WHAT TO DO IF YOU THINK THERE HAS BEEN AN ERROR OR PROBLEM WITH YOUR TRANSFER:
If you think there has been an error or problem with your remittance transfer:
Email us at: [email protected]
Or call us at: 1-800-456-3492
Or write to us at: Servicio UniTeller, Inc., 218 Route 17 North, 4th Floor, Rochelle Park, NJ 07662

You must contact us within 180 days of the date we promised to you that funds would be made available to the Recipient. When you do, please provide the following information:

(1) Your name, address, telephone number, and email address;
(2) The error or problem with the transfer, and why you believe it is an error or problem;
(3) The name of the person receiving the funds and, if you know it, his or her telephone number or address;
(4) The dollar amount and date of the transfer; and
(5) If available, the confirmation number of the transaction.

We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within three 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 any documents we used in our investigation.

WHAT TO DO IF YOU WANT TO CANCEL A REMITTANCE TRANSFER:
 You have the right to cancel a remittance transfer and obtain a full refund of all funds paid to us, including any fees. In order to cancel, you must contact us at the phone number or email address above within 30 minutes of payment for the transfer, unless the funds have been picked up or deposited to the Recipient’s account.

When you contact us, you must provide us with information to help us identify the transfer you wish to cancel, including the amount and location where the funds were sent. We will refund your money within three business days of your request to cancel a transfer as long as the funds have not already been picked up or deposited into the Recipient’s account.

For questions or complaints about the Company, contact the State Regulatory Agency listed for your state under State-Specific Information below, or the Consumer Financial Protection Bureau at 855-411-2372, 855-729-2372 (TTY/TDD), www.consumerfinance.gov.

Consumer Fraud Warning: If you are sending money based on an uncertain promise of goods or services, for the collection of a prize, or to an unknown party, you may be a victim of fraud. If you think you have been or might be a victim of fraud, please contact us immediately by telephone at 1-800-456-3492.

STATE-SPECIFIC INFORMATION:

Money transmission services are provided by Servicio UniTeller, Inc., NMLS ID 928684, a licensed money transmitter. Customer service: 1-800-456-3492, [email protected].

For California Residents Only: If you have complaints with respect to any aspect of the money transmission activities conducted at this location, you may contact the California Department of Financial Protection and Innovation at its toll-free telephone number, 1-866-275-2677, by email at c[email protected], or by mail at the Department of Financial Protection and Innovation, Consumer Services, 651 Bannon Street, Suite 300, Sacramento, CA 95811.

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 Servicio UniTeller, 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 Servicio UniTeller, Inc. at 218 Route 17 North, 4th Floor, Rochelle Park, NJ 07662. 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.

In addition to the above, you have the following rights: You are entitled to obtain a refund or request that the Company make funds available to the designated recipient, without additional cost to you or the designated recipient, if following the assertion of an error, which includes failure to make funds available on the date of availability, within 180 days of your transaction, the Company determines that an error occurred.

For Alaska Residents Only: If your issue is unresolved by Servicio UniTeller, Inc., 1-800-456-3492, please submit formal complaints with the State of Alaska, Division of Banking & Securities. Please download the form here: https://www.commerce.alaska.gov/web/portals/3/pub/DBSGeneralComplaintFormupdated.pdf. Submit the formal complaint form with supporting documents to: Division of Banking & Securities, PO Box 110807, Juneau, AK 99811-0807. If you are an Alaska resident with questions regarding formal complaints, please email [email protected] or call (907) 465-2521.

For Vermont Residents Only: In accordance with Vermont law, we will not disclose nonpublic personal financial information without your written authorization, unless otherwise permitted by law. Written authorizations may be delivered to us by email at [email protected] or by mail to Servicio UniTeller, Inc., 218 Route 17 North, 4th Floor, Rochelle Park, NJ 07662. Your consent or revocation of consent must include your name, address and signature. For any questions, please contact us at 1-800-456-3492.

For Minnesota Residents Only:

FRAUD ALERT: Sending money to someone you do not know or whose identity you cannot verify may expose you to fraud. If you suspect a scam, ask the agent to stop your transfer immediately, or call Servicio UniTeller, Inc. at 1-800-456-3492 to report fraud or suspected fraud.

Questions or Complaints. For questions or complaints about Servicio UniTeller, Inc.’s money transmission services, please contact:

Servicio UniTeller, Inc.
Attention: Customer Service
218 Route 17 North, 4th Floor
Rochelle Park, NJ 07662
Telephone: 1-800-456-3492
Email: [email protected]

You may also contact the Minnesota Department of Commerce with questions or complaints about Servicio UniTeller, Inc.’s money transmission services:

Minnesota Department of Commerce
85 7th Place East, Suite 280
Saint Paul, MN 55101
Telephone: 651-539-1600 or 1-800-657-3602
Email: [email protected]
File a complaint online: https://mn.gov/commerce/consumer/file-a-complaint/

You may also submit a complaint to the Consumer Financial Protection Bureau:
Telephone: 1-855-411-2372
TTY/TDD: 1-855-729-2372
Website: https://www.consumerfinance.gov/complaint/

If you still have an unresolved complaint regarding the Company’s money transmission activity, please direct your complaint to the state banking department listed below for your state or to the Consumer Financial Protection Bureau at 855-411-2372, 855-729-2372 (TTY/TDD), www.consumerfinance.gov.

Alabama Customers:

Alabama Securities Commission, Enforcement Division

http://www.asc.state.al.us

Telephone: 800-222-1253

Alaska Customers:

If your issue is unresolved by Servicio UniTeller, Inc., 1-800-456-3492, please submit a formal complaint with the State of Alaska, Division of Banking & Securities, using the form and contact details provided under “For Alaska Residents Only” above.

Arizona Customers:

Arizona Department of Insurance and Financial Institutions

https://difi.az.gov/file-complaint

Telephone: 602-364-3100

Arkansas Customers:

Arkansas Securities Department

https://www.securities.arkansas.gov

Telephone: 800-981-4429

By mail: Arkansas Securities Department, Heritage West Building, Suite 300, 201 East Markham Street, Little Rock, AR 72201

California Customers:

Department of Financial Protection and Innovation, Attn: Consumer Services Office

Toll-free: 1-866-275-2677

Email: [email protected]

By mail: California Department of Financial Protection and Innovation, Consumer Services, 651 Bannon Street, Suite 300, Sacramento, CA 95811

Colorado Customers:

Colorado Division of Banking

Companies other than FDIC-insured financial institutions that conduct money transmission in Colorado must be licensed by the Colorado Division of Banking under Title 11, Article 110, Colorado Revised Statutes. For questions about your transaction, contact Servicio UniTeller, Inc. at 1-800-456-3492; the Division does not have access to transaction information.

Colorado residents with a complaint about Servicio UniTeller, Inc. must submit it in writing on the complaint form on the Division’s website, or by mail or email to: Colorado Division of Banking, 1560 Broadway, Suite 975, Denver, CO 80202; [email protected].

Connecticut Customers:

Connecticut Department of Banking

http://www.ct.gov/dob

Telephone: 1-800-831-7225

District of Columbia Customers:

District of Columbia Department of Insurance, Securities and Banking Attn: Consumer Services Division

1050 First St., NE, Suite 801 Washington, DC 20002

Phone / Inquiries: Contact the division by phone at 202) 727-8000.

https://disb.dc.gov/

Florida Customers:

Florida Office of Financial Regulation

https://www.flofr.gov

Telephone: 850-487-9687

Toll-free: 1-877-MY-FL-CFO (1-877-693-5236)

Georgia Customers:

Georgia Department of Banking & Finance

http://www.dbf.georgia.gov

Toll-free: 888-986-1633

Hawaii Customers:

Hawaii Division of Financial Institutions, Department of Commerce and Consumer Affairs

http://cca.hawaii.gov/dfi/

Telephone: 808-586-2820

Idaho Customers:

Idaho Department of Finance

https://www.finance.idaho.gov

Telephone: 208-332-8000

Toll-free (Idaho only): 1-888-346-3378

Illinois Customers:

Illinois Department of Financial and Professional Regulation

https://idfpr.illinois.gov

Telephone: 888-473-4858

Indiana Customers:

Indiana Department of Financial Institutions

https://www.in.gov/dfi/

Telephone: 1-800-382-4880

Email: [email protected]

Iowa Customers:

Iowa Division of Banking, Finance Bureau

https://idob.iowa.gov/

Telephone: 515-281-4014

Kansas Customers:

Kansas Office of the State Bank Commissioner

http://www.osbckansas.org

Telephone: 785-296-2266

Kentucky Customers:

Kentucky Department of Financial Institutions

http://kfi.ky.gov

Telephone: 844-354-0613 | 502-573-3390

Toll-free: 1-800-223-2579

Fax: 1-502-573-0086

Louisiana Customers:

Louisiana Office of Financial Institutions

http://www.ofi.louisiana.gov

Telephone: 888-525-9414

Maine Customers:

Department of Professional & Financial Regulation, Bureau of Consumer Credit Protection

35 State House Station, Augusta, Maine 04333

Telephone: (800) 332-8529

Online: https://www.maine.gov/pfr/consumercredit/index.shtml

Maryland Customers:

Office of Financial Regulation, ATTN: Consumer Services Unit

100 S. Charles Street, Tower 1, Suite 5300, Baltimore, MD 21201

Telephone: 1-888-784-0136

www.dllr.state.md.us/finance

The Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints from Maryland residents regarding Servicio UniTeller, Inc. (NMLS ID 928684) at the address and telephone number above.

Servicio UniTeller, Inc.’s license status information can be viewed on the NMLS Consumer Access website at https://nmlsconsumeraccess.org/.

Massachusetts Customers:

Massachusetts Division of Banks

https://www.mass.gov/orgs/division-of-banks

Telephone: 617-956-1500

Toll-free: (800) 495-BANK (2265)

License No. FT907330

Michigan Customers:

Michigan Department of Insurance and Financial Services, Office of Consumer Services

PO Box 30220, Lansing, MI 48909-7720

Telephone: 877-999-6442

Fax: 517-284-8837

Email: [email protected]

Online: https://www.michigan.gov/difs

Minnesota Customers:

Minnesota Department of Commerce

https://mn.gov/commerce/consumers

Telephone: (Local) 651-539-1500; (Complaints) 651-539-1600

By mail: Main Office, Golden Rule Building, 85 7th Place East, Suite 280, Saint Paul, Minnesota 55101

Mississippi Customers:

Mississippi Department of Banking & Consumer Finance

https://dbcf.ms.gov/

Toll-free: 1-800-844-2499

Missouri Customers:

Missouri Division of Finance

Truman State Office Building, Room 630, Jefferson City, MO 65102

Telephone: (573) 751-3242

https://finance.mo.gov

Montana Customers:

For consumers located in Montana, please contact Servicio UniTeller, Inc. directly.

Nebraska Customers:

Nebraska Department of Banking and Finance

https://ndbf.nebraska.gov/

Telephone: (402) 471-2171

Consumer Hotline: (877) 471-3445

1526 K St #300, Lincoln, NE 68508

Nevada Customers:

Nevada Department of Business and Industry, Division of Financial Institutions

https://fid.nv.gov/

Telephone: 702-486-4120

New Hampshire Customers:

State of New Hampshire Banking Department

https://www.banking.nh.gov/

53 Regional Drive, Suite 200, Concord, NH 03301

Telephone: (603) 271-3561

TDD Access: Relay NH 1-800-735-2964

Fax: 603-271-1090

Email: [email protected]

New Jersey Customers:

New Jersey Department of Banking and Insurance

www.nj.gov/dobi

Telephone: 609-292-7272 or 800-446-7467

New Mexico Customers:

New Mexico Financial Institutions Division

https://www.rld.nm.gov/

Telephone: 505-476-4885

New York Customers:

New York State Department of Financial Services

Consumer Assistance Unit, One State Street, New York, NY 10004

Telephone: 1-800-342-3736

Online complaint portal: https://myportal.dfs.ny.gov/guest-applications/consumer-complaint

North Carolina Customers:

North Carolina Office of the Commissioner of Banks

http://www.nccob.gov/public/

Telephone: 1-800-874-9791 or 1-919-733-3016

North Dakota Customers:

North Dakota Department of Financial Institutions, Consumer Division

https://www.nd.gov/dfi/

Telephone: 701-328-9933

Ohio Customers:

Ohio Division of Financial Institutions

https://www.com.ohio.gov

Telephone: 1-866-278-0003 or 614-728-8400

Oklahoma Customers:

Oklahoma State Banking Department

https://www.ok.gov/banking/

Telephone: 405-521-2782

Oregon Customers:

Oregon Division of Financial Regulation

350 Winter St. NE, Room 410, Salem, OR 97309

http://dfr.oregon.gov

Telephone: 1-888-877-4894 (toll-free in Oregon) or 503-378-4140

Pennsylvania Customers:

Pennsylvania Department of Banking and Securities

https://www.dobs.pa.gov/Consumers/Pages/File-a-Complaint.aspx

Telephone: 1-800-PA-BANKS (1-800-722-2657)

17 N. 2nd Street, Suite 1300, Harrisburg, PA 17101

Rhode Island Customers:

Department of Business Regulation

http://www.dbr.ri.gov/divisions/banking

Telephone: 401-462-9500

South Carolina Customers:

State Board of Financial Institutions, Consumer Finance Division

http://bofi.sc.gov/ConsumerFinance

Telephone: 803-734-2020

South Dakota Customers:

South Dakota Division of Banking

https://dlr.sd.gov/banking

Telephone: 605-773-3421

Fax: 866-326-7504

1601 N. Harrison Avenue, Suite 1, Pierre, SD 57501

Tennessee Customers:

Tennessee Department of Financial Institutions

http://www.tennessee.gov/tdfi/

Telephone: 615-741-2236 or 1-800-778-4215

Email: [email protected]

Texas Customers:

If you have a complaint, first contact the consumer assistance division of Servicio UniTeller, Inc. at 1-800-456-3492. If you still have an unresolved complaint regarding the company’s money transmission or currency exchange activity, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Suite 300, Austin, Texas 78705-4294; 1-877-276-5554 (toll free); www.dob.texas.gov; [email protected].

Utah Customers:

Utah Department of Financial Institutions

http://www.dfi.utah.gov/

Telephone: 801-538-8830

Vermont Customers:

Vermont Department of Financial Regulation, Banking Division

https://dfr.vermont.gov

Telephone: (888) 568-4547 (toll-free)

Email: [email protected]

Virginia Customers:

Virginia Bureau of Financial Institutions

http://www.scc.virginia.gov/bfi/

Telephone: 804-371-9657 or 800-552-7945

Washington Customers:

Washington Department of Financial Institutions

https://dfi.wa.gov

Telephone: 360-902-8703 or 1-877-RING-DFI (1-877-746-4334)

Email: [email protected]

West Virginia Customers:

West Virginia Division of Financial Institutions, Attention: Consumer Complaints

Telephone: 304-558-2294

Fax: 304-558-0442

https://dfi.wv.gov/

License No. WVMT-907330

Wisconsin Customers:

Wisconsin Department of Financial Institutions

4822 Madison Yards Way, North Tower, Madison, WI 53705

Telephone: 608-261-9555

http://www.wdfi.org

Wyoming Customers:

Wyoming Division of Banking

http://wyomingbankingdivision.wyo.gov

Telephone: 307-777-7797

8. COMPANY INTELLECTUAL PROPERTY

You acknowledge that the Service and all Company copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by the Company (the “Company Intellectual Property”). The names, logos and marks of any third party that offers the Service through its Platform belong to that third party and are not Company Intellectual Property. You agree not to display, use, copy, or modify the Company Intellectual Property in any manner. You may view and retain a copy of this User Agreement 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 in connection with the Service; or (iii) infringe the copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy, of the Company or any third party.

 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 from state to state. Notwithstanding the foregoing, you may have a right to a refund as expressly described in this Agreement.

10. INDEMNITY

You agree to indemnify, defend and hold the Company, 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 this User Agreement, (iv) your violation of any applicable state or federal laws or regulations, (v) your violation of any rights of another, and (vi) any intentional wrongdoing of any kind.

 11. LIMITATION OF LIABILITY

EXCEPT FOR CLAIMS UNDER SECTION 2102 OF THE CALIFORNIA FINANCIAL CODE ARISING FROM TRANSACTIONS ORIGINATING IN CALIFORNIA, IN NO EVENT SHALL THE COMPANY, 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, SERVICE FEES, AND TAXES, IF APPLICABLE AND IF PERMITTED BY LAW), INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF THE COMPANY, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES.
12. DISPUTE RESOLUTION AND GOVERNING LAW

a. Governing Law. This User Agreement shall be governed by the laws of the State of New Jersey, and all activities performed in connection with the Service shall be deemed to have been performed in New Jersey. Any controversy, dispute, or claim arising out of or relating to the Service or this User Agreement (a “Claim”) shall be governed by and construed in accordance with the laws of New Jersey, except that body of law governing conflicts of law.

b. Disputes with the Company. If a dispute arises between you and the Company, 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 the Company regarding the Service may be reported to Customer Service by telephone at 1-800-456-3492 or by mail at Servicio UniTeller, Inc., Attn: Customer Service, 218 Route 17 North, 4th Floor, Rochelle Park, NJ 07662.

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 the 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 based solely on written submissions, the specific manner to 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 the Company must be resolved by a federal or state court located in Bergen County, New Jersey. You agree to submit to the personal jurisdiction of the courts located within Bergen County, New Jersey for the purpose of litigating all such claims or disputes.

e. Improperly Filed Litigation. All claims you bring against the Company 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, the Company may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that the Company 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; and (v) any other communication related to the Service.

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 the contact information at the end of this User Agreement.

c. In order to access and retain Communications, you must have: (i) a current version of a commonly used Internet browser that supports 128-bit encryption or higher; (ii) an email account and email software capable of interfacing with the Company’s email servers; (iii) a personal computer or mobile device, operating system and telecommunications connections to the Internet capable of supporting the foregoing; (iv) sufficient electronic storage capacity on your device’s hard drive or other data storage unit; and (v) to the extent that you wish to retain paper copies of Communications, a printer that is capable of printing from your browser and email software. In addition, you must promptly update us with any change in your email address by updating your profile or by contacting our customer service at 1-800-456-3492.

 14. MISCELLANEOUS

a. Entire Agreement. This User Agreement constitutes the entire agreement between you and the Company and governs your use of the Service, superseding any prior agreements between you and the Company.

b. No Waiver; Severability. The failure of the Company to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of that right or provision. If any provision of this 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 this User Agreement as reflected in the provision, and the other provisions of this 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 this User Agreement at any time on the Platform. 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 attempt by you to modify this User Agreement shall be void.

d. Language. This User Agreement is available in English and Spanish. In the event of any inconsistency between the English text and the text in any other language, the English text shall be binding.

 15. SECURITY AND FRAUD PREVENTION

Your security is very important to the Company, and we use industry-standard security measures to protect your information. 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. If you think you have been or might be a victim of fraud, please contact us immediately by telephone at 1-800-456-3492. If you are aware of anyone or any entity using the Service inappropriately, please email us at [email protected]. If you receive any fake (phishing) emails purporting to be from the Company, please forward them to us at [email protected].

 16. WIRELESS OPERATOR DISCLOSURE

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

 17. CONTACT INFORMATION

Questions, notifications, requests for refunds or requests for more information can be sent to Servicio UniTeller, Inc. as follows: by telephone at 1-800-456-3492; by email at [email protected]; or by mail at Servicio UniTeller, Inc., Attn: Customer Service, 218 Route 17 North, 4th Floor, Rochelle Park, NJ 07662.