THIS AGREEMENT ("AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS IN WHICH WE OFFER YOU ACCESS TO THE QUICKDINERO SERVICE THAT FACILITATES PERSON-TO-PERSON TRANSFERS OF FUNDS BY ELECTRONIC MAIL OVER THE INTERNET AND TRANSFERS OF FUNDS TO PAYABLE TO THIRD PARTY BENEFICIARIES IN AN "ORDEN THE PAGO" FORMAT ("QUICKDINERO"). THIS AGREEMENT IS LEGALLY BINDING AND IT AFFECTS YOUR RIGHTS AND YOU SHOULD READ IT CAREFULLY. BY CLICKING "I AGREE", YOU ACCEPT THE TERMS AND CONDITIONS SET FORTH BELOW AND ASSERT THAT THE INFORMATION YOU ENTERED IS TRUTHFUL AND CORRECT.
By agreeing to the terms of this Agreement, you agree to accept all disclosures and all other communication between us electronically. Please don't hesitate to contact us with questions you may have regarding this Agreement. Your questions should be directed to firstname.lastname@example.org or to our customer service support center (866) 600-2010
I. How Quickdinero Works:
1. The Service allows you to send money ("Payments") to recipients (beneficiaries) of your choosing (a "Recipient") by attaching funds from your checking account or Visa card account (whether a credit card or debit card account). This can be done in two ways, one is to send a Quickdinero amount using our "third" party payment system and have our customer service center contact your family that they have received money and is awaiting at a bank to pick up or just simply do it by sending a Quickdinero message.
2. The Service will not transfer funds to a Recipient until we have received authentication from the payment networks that the transfer you initiated was successfully executed or until an Agent confirms receipt of cash amount. A successful transfer of funds occurs when the Service (i) receives notification from the payment networks that the requested electronic transfer has been successfully executed. In addition, QuickDinero is only available to residents in the states of Florida, Idaho, Illinois, Ohio and Wisconsin. Availability may change from time to time. Please verify that you live in one of QuickDinero’s licensed states before utilizing QuickDinero’s services.
3. Any amount sent but not transferred or paid to a Recipient within 31 days will be returned to the sender using the same account from which the money was originally drawn, minus our transaction fees (as described further below).
4. A Recipient must withdraw all of the funds attached to his or her Quickdinero message by direct deposit into the beneficiarie's bank account at Mexican or a U.S. bank, by crediting the beneficiary's bank account or by having an "orden de pago" standing at the applicable Mexican Bank or crediting the Recipient's Visa card or bank account, or by physical check sent to the Recipient's street address.
5. You are limited to transferring $3000 per day to Mexico from any combination of user names and accounts belonging to you or $1,000 in the US. You have an opportunity to increase your limit by contacting us at (866) 600-2010. The minimum transaction amount is $5.00. You may not attach multiple Payments to a single Quickdinero message.
6. The Service imposes fees for the processing of Quickdinero messages and "Ordenes de Pago" at Mexican banks. Our fees will be deducted from the account you use to attach funds to your Quickdinero message. In cases of canceled transactions, the fees will not be returned. We will not pay interest on the funds attached to any Quickdinero message.
7. Sending Quickdinero from a Sender's checking account costs the Sender $10.00; there is no charge to the Recipient. Sending Quickdinero from a Sender's Visa card (whether a debit or credit card) costs the Sender $10.00; there is no charge to the Recipient. A Recipient who receives Payment by paper check is charged $5.00.
8. Our policy is to make any funds sent through Quickdinero available within hours to the Recipient on the first business day with the exception to fund transfers done by email and only after the day we receive and clear your money from your financial institution or an Agent verifies receipt of cash. Contact our customer service center for additional information and payment.
9. For determining the availability of your Quickdinero funds for the Recipient, every day is a business day, except Saturdays, Sundays, and holidays. This applies both to US and Mexico. Please call Customer Service to verify Mexican holidays. If you send your Quickdinero message via your checking account, banking rules will apply to your transaction and will be subject to Federal Reserve business hours. US transfers via email received after 2:00pm (EST) will not be processed until the next business day. Wires bound for Mexico will be processed the same day if received before 4:00 (EST)
II. What is Expected from You:
1. You must provide us with valid and accurate information. This will includes things such as providing us with the correct names of the recipient and appropriate authorization to access your Visa card or checking account. Providing inaccurate information is grounds for immediate termination of your use of the *******. *** will be charged an additional fee to correct any mistakes that are encountered during delivery of your transfer.
2. Senders of the Service must meet legal age requirements according to applicable state and federal laws. In addition, QuickDinero is only available to residents in the states of Florida, Idaho, Illinois, Ohio and Wisconsin. Availability may change from time to time. Please verify that you live in one of QuickDinero’s licensed states before utilizing QuickDinero’s services.
3. Any of the following actions on your part are not permitted and will be grounds for immediate termination of your use of the Service: (a) initiating an Quickdinero message for an amount that exceeds the funds available from your Visa card account or checking account, depending on which method of funding you choose to use; (b) providing yourself a cash advance from your Visa card account; (c) disclosing your Quickdinero password to anyone; (d) using another user's Quickdinero password; (d) use of the service for tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service; and (e) use of the Service to further (directly or indirectly) any unlawful purpose. You will be held accountable for any all consequences resulting from such actions on your part. We also reserve the right to reject or reverse any such transaction initiated by you.
4. Recipients assume all risk associated with receiving payments via the Service, including the rejection of a Payment initiated by a user where the user's designated account cannot adequately cover the amount to be transferred via the Service.
5. Quickdinero will make its best efforts to determine whether the amount of any Payment is correct or is actually owed to the Recipient but ultimate responsibility lies in the sender. Disputes between senders and recipients over amounts owed and similar matters are not the responsibility of the Service and we will use documentation provided the the initiator to validate any claims.
6. Password protection is of the utmost importance to maintain the security and confidentiality of your Quickdinero transactions. You may not divulge your password to anyone else, nor may you use anyone else's password. Impersonating another user of the Service is strictly prohibited, whether or not you have their permission. We are not responsible for losses incurred by users as the result of misuse of passwords. You will notify us immediately if your username or password is lost, stolen or compromised in any way. If you believe your password has been lost, stolen, compromised in some way or that someone has transferred or may transfer money from your account without your permission, call (866) 600-2010 or e-mail us at: Quickdinero@mailsupport.com.
7. In the event of the loss or malfunction of your e-mail system or computer malfunction, payments made by our server may be lost, and we disclaim all liability for such loss outside our control.
8. You agree to defend, indemnify, and hold harmless us and our affiliates and all of their respective employees, agents, directors, officers, employees, proprietors, partners, representatives, shareholders, servants, attorneys, licensors, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Quickdinero web site, the Service, any transactions made on the Quickdinero web site or through the Service, any products or services obtained on the Quickdinero web site or through the Service (whether from third party merchants or otherwise), and any breach by you of this Agreement.
9. All questions about Quickdinero transactions must be directed to us and not to the financial institution where you have your account. We will not send you a periodic statement listing the transactions you make using the Service. The transactions will appear only on the statement issued by your financial institution. Save any reference numbers/information you are given when you use the Service, and check them against the account statement you receive from your financial institution.
10. In case of errors or questions about your Quickdinero transactions, telephone us toll-free at (866) 600-2010 or e-mail us at Quickdinero@mailsupport.com if you think your Quickdinero confirmation is wrong, or you need more information about a transaction. We must hear from you no later than 60 days after we sent you the first confirmation e-mail on which the error or problem appeared. In your communication with us, be prepared to provide us with the following information:
1. Your name and confirmation number (if any);
2. a description of the error or the transfer you are unsure about. Please explain as clearly as you can why you believe it is an error or why you need more information; and
3. dollar amount of the suspected error.
10.1. If you initially provide this information by telephone, we may require you to send your complaint or question in an e-mail to us within 10 business days. Our business days are Monday through Friday. Federal holidays are not included.
10.2. We will advise you of the results of our investigation within 10 business days after we hear from you and, if we need more than 10 business days to research your complaint or problem, we will provisionally credit your account within such time for the amount that you think is in error so that you will have use of the money while we are investigating your claim. If we have asked you to send us your complaint or problem to us in an e-mail and we do not receive it within 10 business days, we may not provisionally credit your account while we are investigating your claim.
10.3. If, as a result of our investigation, we conclude that there was no error, we will send you an e-mail explaining our conclusion within three (3) business days. You may ask for copies of the documents we used in our investigation. In all cases, our investigation will be completed within 45 days.
III. What You Can Expect from Us:
1. We reserve the right to verify any of the information you provide. We may take all reasonable measures to detect and prevent fraud, including viewing, monitoring, and recording any activity without notice or permission from you. Any such information we collect may be reviewed by law enforcement organizations as part of the investigation or prosecution of potential criminal activity on the Site.
2. We will make reasonable efforts to ensure that Quickdinero transactions are processed in a timely manner. Given that there are a number of factors outside of our control that impact our ability to do this (such as delays in the banking system or the U.S. mail service), we make no representation or warranty regarding the amount of time needed to complete an Quickdinero transaction.
3. In order to send money via Quickdinero, you authorize us to establish a limited purpose deposit account to receive the amount you have requested to send to the Recipient.
4. We are not responsible for payments made to unintended Recipients due to the input of incorrect information by you, nor are we responsible for the verification of the identity of Senders or Recipients of Quickdinero. We reserve the right to verify the accuracy of any information you provide us if we choose to do so.
5. We shall not be responsible for any information lost due to malfunction or loss of any e-mail system. We shall not be liable for any damages of any kind arising out of or in connection with this Agreement, the Site or Quickdinero service.
6. We are not obligated to make any Payment for which we have not been fully paid by the sender's Visa card issuer or bank.
7. We reserve the right to hold funds beyond the normal distribution periods for transactions we deem suspicious.
8. We may, in our sole discretion, terminate your use of the Service at any time for any reason or for no reason at all.
IV. Miscellaneous Provisions:
1. We will not be liable for any loss resulting from a cause outside our direct control, including (but not limited to) failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, "hacking," unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions. Material on the Quickdinero web site may contain technical inaccuracies or typographical errors, which be changed or updated without notice. We will not be liable or responsible for any such inaccuracies, errors, changes, or updates.
2. We reserve the right to change and/or discontinue the Service at any time, for any reason, to the extent permitted by applicable law.
3. The parties acknowledge that use of the Service evidences a transaction involving interstate commerce. Any controversy or claim arising out of or relating to any use of the Service, or the breach of this Agreement, shall be settled through consultation and negotiation in good faith and a spirit of mutual cooperation. However, if those attempts fail, the parties agree that any misunderstandings or disputes arising out of or relating to the Service or this Agreement shall be decided by arbitration which shall be conducted, upon request by either party, in Chicago, Illionois, before three (3) arbitrators (unless both parties agree on one (1) arbitrator) designated by the American Arbitration Association (the "AAA"), in accordance with the terms of the Commercial Arbitration Rules of the AAA, and, to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code), or if such Act is not applicable, any substantially equivalent state law. Any award by the arbitrator(s) shall be in writing and shall specify the factual and legal basis for the award and shall be signed by a majority of the arbitrators. The parties further agree that the arbitrator(s) will decide which party must bear the expenses of the arbitration proceedings. Notwithstanding anything herein to the contrary, either party may proceed to a court of competent jurisdiction to obtain injunctive relief at anytime.
4. This Agreement is governed by the laws of the State of Illionois as such laws are applied to agreements entered into and to be performed entirely within Illionois by Illionois residents.
5. This Agreement and the various policies we have posted on the Quickdinero web site from time to time constitute the entire agreement between us as to the subject matter hereof.
6. USE OF THE SITE AND OF THE Quickdinero SERVICE IS ENTIRELY AT YOUR OWN RISK, AND THE SITE, THE Quickdinero SERVICE, AND ALL PRODUCTS AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS, SERVICES, OR RESULTS; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION, IN WHICH CASE THEY SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
NEITHER WE NOR ANY OF OUR EMPLOYEES, AGENTS, DIRECTORS, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, LICENSORS, PREDECESSORS, SUCCESSORS AND ASSIGNS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR RELIANCE DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE OF THE SITE, THE Quickdinero SERVICE, AND ANY PRODUCTS OR SERVICES ACCESSIBLE ON OR THROUGH THE SITE, OR ANY TRANSACTIONS CONDUCTED AT OR THROUGH THE SITE, EVEN IF WE OR SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE IT SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT THE TOTAL LIABILITY OF EITHER PARTY SHALL NOT EXCEED THE PAYMENT REQUESTED IN THE ONE-MONTH PERIOD IMMEDIATELY PRECEDING YOUR CLAIM AGAINST US.
7. Miscellaneous: If any portion of this Agreement is deemed invalid or unenforceable, the remaining portions will remain valid, enforceable, and carried into effect, to the fullest extent permissible. Failure to insist on strict performance of any term of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver of any term of this Agreement will be valid unless in writing and acknowledged in writing or electronically by both parties. This Agreement and our Web Site Information Practices constitute our entire agreement with respect to your use of the Site, and shall supersede any and all prior understandings or agreements between the parties, whether written or oral. You represent that you have read this Agreement and our Web Site Information Practices, understand their terms, and agree and intend to be legally bound by them. You acknowledge that, in providing you access to and use of the Site and the Quickdinero service, We have relied on your agreement to be bound by the terms of this Agreement.
Disclosure of Information to Third Parties: Please see our Web Site Information Practices for this information.
Your use of the Quickdinero service is governed by this User Agreement. Having read this document, please indicate your agreement to be bound by the terms and conditions set forth by clicking the appropriate button below. You may not use the Quickdinero service unless you agree to be bound by this Agreement. Please print this Agreement and keep a copy for your records.