GLOBAL REMIT REMITTANCE TRANSFER USER AGREEMENT
This User Agreement is effective as of May 1, 2014 and
governs the terms under which you may access and use the Global
Remit product, CBW Bank (CBW) websites (for purposes of this User
Agreement, "websites" includes our mobile applications) and the
services associated with it, including the sending of remittances
to recipients (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 "CBW",
"we", "us", and "our" refer to CBW, a Kansas state bank, together
with its employees, consultants, 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 our websites.
1. OVERVIEW OF THE SERVICE
The Service was created to help our customers send money
transfers to family and friends. We recommend that you use the
Service only to send money to people you know personally. You
should never use the Service to send money to strangers.
CONSUMER FRAUD ALERT: PROTECT YOURSELF FROM SCAMS AND
FRAUD. Only send Transactions to people you know, safeguard your
password, send for yourself and not for others, and use CBW?s
Remittance Transfer Service for legal purposes only. Click here
to learn more about sending money safely with CBW. Please let us
know immediately by telephone at +1 785-336-5315 if you believe
someone is trying to scam or defraud you or if your CBW username
or password has been lost or stolen.
The Service allows people to send money to authorized
countries. A "Sender" is someone who uses the Service to send
money. A "Recipient" is someone who receives money from a Sender
through the Service. The "Recipient 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 to CBW to send the Transaction. 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 Recipient
Country (the "Local Taxes").
2. ACCESSING THE SERVICE
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, including
local law in the jurisdiction in which you live. Other
restrictions may apply. This service is only available to
consumer customers.
Mobile Services: The Service may be accessible via a
mobile browser. To the extent you access the Service through a
mobile device, your wireless service carrier's standard charges,
data rates and other fees may apply.
Not Available to Certain Users: The Service may not be
available in whole or in part in different countries and
jurisdictions as determined by local laws and regulations. This
service is not available to commercial customers. It cannot be
used for business, investment or speculation purposes.
3. 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 from our place of business in Weir,
Kansas.
4. PAYMENT
Charges: For each Transaction that you submit, you agree
to pay us a transfer fee (the "Transfer Fee") plus the
Transaction Amount. Additional charges may apply. Payment is due
at the time your Transaction is submitted for processing. CBW
only accepts payment in U.S. Dollars. If you submit a Transaction
that results in CBW's being charged non-sufficient fund fees,
chargeback fees, or other similar fees, you agree to reimburse us
for all such fees. In some instances, for Transactions funded
from the Sender's bank account, you agree that CBW may send one
or more challenge deposits to your bank account and require you
to verify these deposits by entering them online, or verify your
bank account through electronic means through a third party as
part of our effort to confirm ownership of the account.
Payment: In order for us to collect payment from you, you
authorize us to access, charge, 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 card, 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 or charge your credit card at a later time. You
represent and warrant that you are the lawful owner of your
Payment Instrument(s).
Other Charges: CBW is not responsible for any fees or
charges that may be imposed by the financial institutions
associated with your Payment Instruments. For example (without
limitation), some credit card issuers may treat the use of your
credit card to use the Service as a "cash advance" rather than a
purchase transaction, and may impose additional fees and interest
rates for the transaction. CBW is not responsible for any
non-sufficient funds charges, chargeback fees, or other similar
charges that might be imposed on you by your bank, credit card
issuer, or other provider.
Foreign Currencies: CBW and its Service Providers (defined
below) may receive a financial benefit when you pay for a
Transaction in one currency and the Transaction is paid out in
another currency, which is based on the difference between the
exchange rate at which we buy foreign currency and the exchange
rate provided to you. You agree, when you send a Transaction to a
Recipient's bank account, that the bank account is denominated in
the same currency as the Transaction (e.g., if your Transaction
calls for CBW to deposit pesos into the Recipient's bank account,
then you confirm that the Recipient's bank account is denominated
in pesos).
5. TRANSACTION PAY OUTS
Service Providers: We work with local 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
websites regarding the location, availability, and hours of our
Service Providers. However, you agree that CBW is not responsible
for any inaccurate or incomplete information that may be posted
on Service Provider websites.
Verification: Recipients may be required to prove their
identity before receiving funds by presenting valid, unexpired
identification document(s) from a list of acceptable forms of
identification. In addition, Recipients may be required to
provide a Transaction number and/or another, similar identifier
associated with their Transaction. You give CBW permission to
store all such data, as necessary to provide the Service. Please
verify account information and bank details are correct prior to
submitting your Transaction because CBW is not responsible for
detecting inaccuracies. If account information and bank details
are incorrect, money may not be recovered. Recipients may be
charged local taxes and fees by the Recipient Bank at the time of
payout, which may be deducted from the amount sent.
6. RESTRICTIONS
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
without prior notice. Any such limits may be imposed on
individual accounts, linked accounts, or on related accounts or
households, in CBW'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.
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 or your Recipient, and otherwise comply with
applicable law. Business hours and currency availability of our
Service Providers may also cause delays. Nevertheless, you may be
entitled to a refund in certain circumstances, as described
below.
Commercial Transactions: The use of the Service for
commercial purposes is prohibited. You agree that you will only
use the Service to send money to people that you know personally
and for personal reasons. If CBW discovers you are using the
Service to purchase goods or services, for investment purposes,
or to evade any laws or regulations we may cancel your
Transaction(s) and close your account.
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 commercial purposes, including (without limitation)
for purchases of goods or payments for services of any kind. CBW
may cancel any Transaction and close any account that it suspects
is being utilized for any of the following activities (without
limitation): sexually-oriented materials or services; gambling
activities; fraud; money-laundering; funding terrorist
organizations; purchase or sale of tobacco, firearms,
prescription drugs, or other controlled substances; or sending
money to a Recipient that has violated the User Agreement. If you
use the Service in connection with illegal conduct or
unauthorized transactions on an account, CBW reserves the right
to report you to the appropriate law enforcement agency or
agencies.
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.
Others: You may not submit or receive a Transaction (i) on
behalf of any other person, (ii) on behalf of a business or other
non-human entity (iii) on behalf of a charitable organization, or
(iv) on behalf of any non governmental organization (NGO). We
may, at any time and in our sole discretion, (A) refuse any
Transaction, or (B) close multiple accounts held by an
individual, persons related to the individual or persons living
in the same household as the individual.
Changes: Once your transaction has been submitted, you
will have 30 minutes in which to make changes to the Transaction
before it is processed. Once the Transaction is processed, no
other changes can be made. We rely on the information you provide
and it is your responsibility to make sure your Transaction
details are accurate before you submit your Transaction for
processing.
Restricted Activities: In connection with your use of our
websites or the Service, or in the course of your interactions
with CBW, a Sender, Recipient or a third party and, in addition
to other restrictions in this User Agreement, you will not:
- Breach this User Agreement, or any
other agreement between you and CBW;
- Open more than one account;
- Provide false, inaccurate, or
misleading information;
- Refuse to cooperate in an
investigation or provide confirmation of your identity or any
information you provide to us;
- Use an anonymizing proxy; and
- Provide yourself a cash advance
from your credit card (or help others to do so).
7. TRANSACTIONS TO INDIA
Restrictions: You understand that the Service is reserved
for personal remittances only. Commercial and/or business
remittances and remittances directly toward the purchase of
property, investments, or contributions to charitable
organizations and NGO?s are prohibited.
General: We will always seek to process your transaction
in the manner most appropriate for your transaction, based on the
applicable regulations and the information we receive from you.
Rupee Drawing Arrangements: Most transactions to India are
processed by CBW pursuant to the Rupee Drawing Arrangements
("RDA"), as established by the Reserve Bank of India.
The maximum transaction amount per Transaction may not
exceed $2,500 US dollars (or IN Rupee equivalent).
A Recipient may receive a maximum of 30 transactions per
calendar year; and
The service is reserved for personal remittances only.
Commercial/business remittances and remittances toward the
purchase of property, investments, donations/contributions to
charitable organizations or credit to non-residents' accounts are
prohibited.
8. COLLECTION OF INFORMATION
Privacy Policy: By agreeing to this User Agreement, you
acknowledge and consent to CBW's Privacy Policy. The Privacy
Policy can be found on our websites or by clicking
here
.
Customer Identification Program: To help the government
fight the funding of terrorism and money laundering activities,
U.S. 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 non-personal identifying information that we may obtain
while you visit our websites. Please see our Privacy Policy.
Government Disclosures: We may provide information about
you and your Transactions to government authorities and
enforcement agencies, as described in our Privacy Policy.
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 e-mail address or
financial instruments, or verifying your information against
third party databases or through other sources.
9. ERRORS AND PROBLEMS
Errors: You have a right to dispute errors in your
Transaction. If you think there is an error, contact us within
180 days of the Transaction at +1 785-336-5315 or support@istoppedyourspamglobalremit.com.
You can also contact us for a written explanation of your rights.
You can cancel for a full refund within 30 minutes of
authorizing your transaction. Once your transaction has been
processed, you cannot cancel it unless the funds have not been
picked up, deposited with, or delivered to the Recipient.
For questions or complaints about CBW, contact us online, by
phone at +1 785-336-5315 or by email at support@istoppedyourspamglobalremit.com.
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. To view our Error Resolution
and Cancellation Disclosure, please click here.
10. CBW'S INTELLECTUAL PROPERTY
You acknowledge that the Service, including but not limited
to the content of our websites, text, graphics, links, buttons,
logos, and images, as well as all other CBW patents, copyrights,
trademarks, trade secrets, service marks, logos, and product and
service names are owned exclusively by CBW (the "CBW Intellectual
Property"). You agree not to display, use, copy, or modify the
CBW Intellectual Property in any manner. You are authorized
solely to view and retain a copy of the pages of our websites for
your own personal, non-commercial use. You further agree not to:
(i) engage in or use any automated devices, data mining, robots,
scraping or similar data gathering or extraction methods to
access or use the Service; (ii) modify, copy, frame, scrape,
rent, lease, loan, sell, distribute or create derivative works
based on the Service, in whole or in part, except that the
foregoing does not apply to the information that you legally
upload to the Service; (iii) remove or alter any author,
trademark or other proprietary notice or legend displayed on our
websites (or printed pages thereof); or (iv) infringe CBW's or
any third party's copyright, patent, trademark, trade secret or
other intellectual property rights, or rights of publicity or
privacy.
The technology and software underlying the Service or
distributed in connection therewith are the property of CBW, its
affiliates and Service Providers (the "Software"). Subject to the
terms and conditions of this User Agreement, CBW hereby grants
you a non-transferable, non-sublicensable and non-exclusive right
and license to use the object code of any Software on your
device(s) solely in connection with the Service, provided that
you agree not to copy (except as expressly provided herein),
modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, or otherwise transfer any right in the
Software. Any rights not expressly granted herein are reserved by
CBW.
11. DISCLAIMER OF WARRANTIES
THE SERVICE AND SOFTWARE, IF APPLICABLE, IS PROVIDED "AS
IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR
STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES, SUPPLIERS, VENDORS,
AND SERVICE PROVIDERS 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.
12. INDEMNITY
You agree to indemnify and hold CBW, its suppliers,
vendors, Service Providers, and their respective subsidiaries,
officers, agents, partners, employees, and consultants harmless
from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of the
Service, your connection to the Service, your violation of the
User Agreement, or your violation of any rights of a third party.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL CBW, ITS SUPPLIERS, VENDORS, SERVICE
PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS,
PARTNERS, EMPLOYEES OR CONSULTANTS 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 TRANSFER FEES), INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF CBW HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE
PART OF CBW, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, OR THEIR
RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR
CONSULTANTS.
14. DISPUTE RESOLUTION AND GOVERNING LAW
Governing Law: This User Agreement shall be governed
according to the laws of the State of Kansas, and all activities
performed in connection with the Service shall be deemed to have
been performed in Kansas. 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 Kansas, except that body of law governing conflicts
of law.
Disputes with CBW: If a dispute arises between you and
CBW, our goal is to learn about and address your concerns. If we
are unable to address your concerns to your satisfaction, we will
seek to provide you with a neutral and cost-effective means of
resolving the dispute quickly. Disputes between you and CBW
regarding the Service may be reported to Customer Service (See
"Contact Information," below).
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: (i) the arbitration shall be conducted by
telephone, online and/or be solely based on written submissions,
with the specific manner to be chosen by the party initiating the
arbitration; (ii) the arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise mutually
agreed by the parties; and (iii) any judgment on the award
rendered by the arbitrator may be entered in any court of
competent jurisdiction.
Forum for Disputes: Except as otherwise agreed by the
parties or as described above, you agree that any claim or
dispute you may have against CBW must be resolved by a court
located in Shawnee County, Kansas. You agree to submit to the
personal jurisdiction of the courts located within Shawnee
County, Kansas for the purpose of litigating all such claims or
disputes.
Improperly Filed Litigation: All claims you bring against
CBW must be resolved in accordance with this Agreement. All
claims filed or brought contrary to this Agreement shall be
considered improperly filed, and a breach of this Agreement.
Should you file a claim contrary to this Agreement, CBW may
recover attorneys' fees and costs (including in-house attorneys
and paralegals) up to $1,000.00 USD from you, provided that CBW
has notified you in writing of the improperly filed claim, and
you have failed to promptly withdraw the claim.
15. ELECTRONIC COMMUNICATIONS
You acknowledge that this User Agreement shall be entered
into electronically. Unless otherwise required by applicable law,
the following categories of information ("Communications") will
only be provided by electronic means and not in paper format or
through other non-electronic means: (i) this User Agreement and
our Privacy Policy and any amendments, modifications or
supplements to them; (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 or CBW. Electronic means may also include SMS, or
texting. You may receive up to two (2) SMS alert messages for
each Transaction if you agree to receive SMS messages from CBW.
Message and data rates may apply when you receive SMS messages on
your mobile phone. To stop receiving SMS messages from CBW, reply
STOP from your mobile phone or contact Customer Service. You may
withdraw your consent to receive all 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.
In order to access and retain Communications, you must
have: (i) an Internet browser that supports 128-bit encryption,
(ii) an e-mail account and the capability to read e-mail from
CBW, and (iii) a device and Internet connection capable of
supporting the foregoing.
16. MISCELLANEOUS
Customer Updates: . You must promptly update us with any
change in your e-mail address and telephone number by updating
your profile on our websites. If CBW does not have correct
contact information, CBW may not be able to notify you with
important information or changes in your Transaction status.
Entire Agreement: The User Agreement constitutes the
entire agreement between you and CBW and governs your use of the
Service, superseding any prior agreements between you and CBW.
No Waiver: The failure of CBW 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.
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 our websites. 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.
Language: In the event there is any inconsistency between
the English and any other language text on our websites,
including the User Agreement, the English text shall be binding.
Special Notice for International Use; Export Controls:
Software available in connection with the Service and the
transmission of applicable data, if any, is subject to United
States export controls. No Software may be downloaded from the
Service or otherwise exported or re-exported in violation of U.S.
export laws. Downloading or using the Software is at your sole
risk. Recognizing the global nature of the Internet, you agree to
comply with all local rules and laws regarding your use of the
Service, including as it concerns online conduct and acceptable
content.
17. SECURITY
Your security and the integrity of your account is a top
priority and CBW works hard to make sure that your information is
secure. Global Remit is a safe and convenient way to send money
to family members and to other people that you trust. However,
scams and fraudsters are abundant and we urge you not to send
money to anyone that you do not know personally. 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
785-336-5315.
If you are aware of anyone or any entity that is using the
Service inappropriately, please e-mail us at support@istoppedyourspamglobalremit.com.
If you receive any fake (phishing) e-mails purporting to be from
CBW, please forward them to us at support@istoppedyourspamglobalremit.com
18. CONTACT INFORMATION
Questions, notifications, and requests for refunds or further
information can be sent to CBW, as follows: Email: support@istoppedyourspamglobalremit.com,
Phone: +1 785-336-5315
