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.
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.
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
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 firstname.lastname@example.org. You can also contact us for a written explanation of your rights.
You can cancel for a full refund within 30 minutes of 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 email@example.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.
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
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.
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.
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 firstname.lastname@example.org.
If you receive any fake (phishing) e-mails purporting to be from CBW, please forward them to us at email@example.com
18. CONTACT INFORMATION
Questions, notifications, and requests for refunds or further information can be sent to CBW, as follows: Email: firstname.lastname@example.org, Phone: +1 785-336-5315