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PoaPay.com Online Remittance - TERMS & CONDITIONS OF SERVICE
 
 
USE OF THIS SERVICE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF SERVICE :
These are the Terms and Conditions of Service ("Terms") under which PoaPay.com (" PoaPay.com " or “We” or “Us” or “Our”) offers You access to this website (the "Service(s)"), which allows You (the "Sender" or “You” or “Your”) to transmit money to a designated beneficiary (a "Beneficiary") in other countries (each, a "Destination Country"), for disbursement by a third party Paying/Delivery Agent ("Agent(s)") outsourced and not owned by PoaPay.com .

These Terms are effective as of January 1, 2007 and are binding as between the Sender and PoaPay.com . PoaPay.com may update these Terms from time to time, without notice to You, by posting the updated Terms on this website. Do not access or Use the Service if You do not agree to be bound by the Terms. By accessing and Using the Service, You are agreeing to these Terms.


Electronic Communications
The Service is an electronic, internet-based service. Therefore, You understand and agree that this Agreement will be entered into electronically, and that, in accordance with applicable law, the following categories of information ("Communications") may be provided by electronic means:

  • These Terms and any amendments, modifications or supplements to it.
  • Your records of payments and other transactions through the Service, including without limitation Your history of payments and e-mail confirmations of each individual transaction.
  • Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by applicable law. This may include verification of information provided by You to the Bank to ensure that all Payment requests are compliant with applicable laws and regulations.
  • Any customer service communications, including without limitation communications with respect to claims of error or unauthorized Use of the Service.
  • Any other communication related to the Service.
Although the PoaPay.com reserves the right to provide Communications in paper format at any time, You agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing" and in accordance with applicable law. You should print a paper copy of these Terms and any electronic Communication that is important to You and retain the copy for Your records. If You do not wish to receive these Terms or the Communications electronically, You may not Use the Service.


Hardware and Software Requirements
In order to access and retain Communications, You must have:

  • An internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.0 or above or internet Explorer version 4.0 or above.
  • A valid e-mail account and e-mail software capable of interfacing with standard mail protocols.
  • Access to a personal computer, operating system and telecommunications connections to the internet capable of supporting the foregoing.
  • Sufficient electronic storage capacity on Your computer's hard drive or other data storage unit.
  • A printer that is capable of printing from Your browser and e-mail software.

Delivery of Electronic Communications
Subject to applicable law, Communications may be posted on the Service's pages within the website or other website disclosed to You and/or delivered to the e-mail address You provide. All electronic Communications will be deemed to have been received by You no later than forty eight (48) hours after a PoaPay.com sends it to You by e-mail or posts the Communication on the website, whether or not You have received the e-mail or retrieved the Communication from the website. An electronic Communication by e-mail is considered to be sent at the time that it is directed by PoaPay.com ’s e-mail server to the e-mail address provided by You. An electronic Communication by posting to the website is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic Communications.

If You wish to withdraw Your consent to have Communications provided in electronic form, You must cancel any pending payments and stop Using the Service. To cancel pending payments, You must Use the appropriate screens on this web site. You may cancel payments only within certain time frames. Certain fees may be associated to a cancellation of payment.

You agree to promptly update Your records and personal profile if Your e-mail address or other information changes.


THE PoaPay.com REMITTANCE SERVICE:
You may send a money transfer through the Service Using a Bank account located in the USA, or a valid Visa® or MasterCard® credit card or debit card, to be picked up by a designated Beneficiary at an Agent location or delivered door-to-door to the Beneficiary at a designated location (delivery service not available in all countries and locations). Money transfers will be paid to the Beneficiary in cash, check or a combination thereof, subject to currency availability and the conditions applicable to the selected payment location. Certain money transfer services, transfers that exceed certain principal amounts, and/or transfers to certain destinations may take longer or be subject to additional restrictions. The Beneficiary must present a valid form of government issued picture identification in accordance with PoaPay.com policies. Sender and Beneficiary represent, warrant and certify to PoaPay.com that its and their Use of the Services shall not in any way, directly or indirectly, (a) violate any law, statute, ordinance, contract or regulation, including but not limited to any law, statute, ordinance, contract or regulation relating to money laundering, illegal gambling activities, support for terrorist activities, fraud or theft, and/or (b) violate any of the Terms of Use. PoaPay.com may, at its discretion, freeze any transaction that appears to be suspicious and withhold related funds until PoaPay.com determines the transaction to be legitimate. When required by applicable law, money transfers will be reported to federal, state, local or foreign authorities. In addition, PoaPay.com will cooperate with law enforcement in the prosecution of illegal activities to the fullest extent permitted by applicable law. You will be required to provide PoaPay.com with certain information to allow PoaPay.com , among other things: to verify Your identity; to receive appropriate bank card authorization; and to complete the transaction. You agree that the information provided is not false, inaccurate or misleading.

The information that You provide to Us in order to Use this Service will qualify You as a verified Member of the PoaPay.com Online Remittance Service system. It is required in order to facilitate Your transaction and will only be Used in accordance with the PoaPay.com Privacy Policy.


Funding Your Money Transfer
You initiate a money transfer by entering the required information requested and agreeing to these Terms. There are three ways You can make a Payment:

Credit and ATM/Check Cards
You can send a money transfer by Using a valid MasterCard® or Visa® and by entering the required card information and authorization information. The address of record on the credit card or check card account You Use to pay for the money transfer must be the same as the mailing address You furnish when You register for the Service. Failure to comply with such requirement may result in Your Beneficiary's inability to receive the money transfer or a money transfer not being processed. Entering a check card or deposit account number constitutes Your authorization for PoaPay.com to debit the amount You enter on this website, plus any applicable fees as set forth in these Terms.

Electronic Transfers (ACH)
You can send a money transfer with an electronic draft -- an automated clearing house ("ACH") debit from a deposit account You maintain at a U.S. based depository institution. The address of record on the deposit account You Use must be the same as the mailing address You furnish Us prior to Your Use of the Service, and You must properly respond to any notice PoaPay.com sends to that address. If You choose to initiate Your money transfer with an electronic draft, You are consenting to the following:

"I hereby authorize my existing bank to initiate credits to an account established by PoaPay.com for the benefit of others, and to debit the same plus any applicable fees from my account at the bank I designate. I acknowledge that my request to credit the PoaPay.com account must comply with all applicable provisions of U.S. law."

Money transfers may not be initiated by check, cash or wire transfer. 


YOUR PRIVACY:
Protecting consumer privacy is a priority at PoaPay.com . The PoaPay.com Privacy Policy can be viewed here.

To help the government fight the funding of terrorism and money laundering activities, Federal law requires financial institutions and their third parties to obtain, verify, and record information to identify you. You will be asked for your name, address, date of birth, and other information that will allow us to identify You.

IF YOU PROVIDE FALSE INFORMATION, YOUR ABILITY TO USE THE SERVICE MAY BE TERMINATED AND ANY PENDING MONEY TRANSFERS MAY BE CANCELLED. IN ADDITION, YOU MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES.


LIMITATIONS OF SERVICE:
PoaPay.com does not permit the Service to be Used for the improper, unlawful, or fraudulent transfers of funds ("Unauthorized Transactions"). Unauthorized Transactions include but are not limited to attempts (a) to transfer funds Using stolen, unauthorized, or otherwise compromised credit card, check card, debit card, or bank account, (b) to transfer funds Using an account with insufficient funds (c) to seek reimbursement of funds that have already been disbursed, (d) to launder funds, (e) to fund certain terrorist organizations or individuals as identified from time to time by the U.S. Department of Treasury on its published list of Specially Designated Nationals (“SDN”), and (f) to violate local, state, or federal laws of the United States, laws of the Destination Country, Territory, international laws, or the laws of any other relevant jurisdiction. Any incidents of Unauthorized Transactions are subject to prosecution to the full extent of the law. International Beneficiaries of funds acquired through Unauthorized Transactions may also be subject to civil penalties and/or criminal prosecution in their country of residence including, but not limited to, the repossession of the total funds delivered and received as a result of an Unauthorized Transaction.


COMMERCIAL TRANSACTIONS:
PoaPay.com has no control over, and is not responsible for, the quality, safety, legality, or delivery of goods or services that you pay for using the Service. You acknowledge that any use of the Service for to pay for such goods and services is at your own risk.


FEES, PAYMENT, AND CURRENCY EXCHANGE RATE:
PoaPay.com may or may not make additional profits from the currency exchange rate based on individual agreements with its various delivering agents. PoaPay.com officially guarantees the foreign exchange rate based on the statement date of when customer's payment is confirmed in USA . Cutoff time is PST or PDT 12PM. All transactions confirmed before the cutoff time will be delivered or attempted to deliver on the third business day in the USA . Exchange rate will be guaranteed based on the published rate on PoaPay.com on day of delivery. The applicable transaction fee will be provided to you prior to your final authorization of the transaction, in addition to any applicable fees for additional services (i.e., Home delivery, bank deposit, proof of delivery, fax transfer within KENYA ).

Cash Advance Fees: 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. These fees are imposed by Your credit card issuer, and not by PoaPay.com . You can avoid most cash advance fees by paying with a debit card. Contact Your credit card issuer for more information.


REFUNDS:
REFUNDS OF PRINCIPAL AMOUNT and cancellation of the money transfer will not be made after delivery to the designated recipient has already been made.


RESOLUTION OF DISPUTES:
THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THEIR USE OF PoaPay.com 'S SERVICES.

Either You or PoaPay.com can require that any controversy or dispute arising out of the Services or these Terms be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (available at http://www.adr.org) and, as the parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce, it shall be governed by the Federal Arbitration Act, as incorporated in Title 9 of the United States Code. Arbitration replaces the right to go to court, including the right to a jury and the right to participate in a class action or similar proceeding. In arbitration, a dispute is resolved by a neutral arbitrator instead of a judge or jury. Arbitration procedures are simpler and more limited than rules applicable in court. The decision of the arbitrator is final and binding.

The arbitrator shall issue a reasoned award if so requested by You or PoaPay.com , and may not modify, rewrite, or otherwise reform these Terms, including but not limited to interpreting the Terms beyond the range of semantic permissibility. The arbitrator, in his or her discretion, shall have the right to award reasonable costs and attorneys' fees to the prevailing party. These Terms shall be governed according to the laws of the State of Washington and all activities performed in connection with the Service shall be deemed to have been performed in Washington. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Disputes include not only claims made directly by You, but also made by anyone connected with You or claiming through You, such as a Beneficiary. Disputes include not only claims that relate directly to PoaPay.com , but also its successors, assignees, employees, and agents, and claims for which PoaPay.com may be directly or indirectly liable, even if it is not properly named at the time the claim is made. Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims asserted as counterclaims, cross-claims, third-party claims, interpleaders or otherwise. Disputes include claims made as part of a class action or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. Disputes also include claims relating to the enforceability or interpretation of any of these arbitration provisions.

If we initiate the arbitration, we may serve You at the last known physical or email address on file with Us. The arbitration shall be conducted in Lynnwood, Washington, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, You and PoaPay.com agree to submit to the personal jurisdiction of the courts located within the city and county of Lynnwood, Washington. Either You or PoaPay.com may seek any interim or preliminary relief from a court of competent jurisdiction in Lynnwood, Washington necessary to protect the rights or property of You or PoaPay.com (or its agents, suppliers, and subcontractors) pending the completion of arbitration. If any portion of this section is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this section.


LIMITATION OF LIABILITY:
EXCEPT FOR YOU RIGHT TO A REFUND (See Section 6), PoaPay.com WILL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY, NONDELIVERY, NONPAYMENT OR UNDERPAYMENT OF ANY MONEY TRANSFER, OR ANY SUPPLEMENTAL MESSAGE, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE. IN NO EVENT WILL PoaPay.com BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL EXEMPLARY OR PUNITIVE DAMAGES, OR THE LIKE. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.

PoaPay.com reserves the right to limit the principal amount of a money transfer, or to reject a proposed money transfer, in its sole discretion. PoaPay.com assumes no obligation to make payment of the money transfer or to complete the applicable money transfer transaction if PoaPay.com does not receive authorization from the bank card issuer or depository institution, nor does PoaPay.com assume any liability for damages resulting from nonpayment of the money transfer or any failure to complete any applicable Service transaction by reason of such lack of authorization. PoaPay.com reserves the right to refuse to provide the Services to You, at any time, for any reason deemed necessary to protect Our interests.

PoaPay.com shall not be liable for any interruption of service due to causes beyond its control, including, but not limited to, the following: the unavailability or refusal of a person to accept delivery of the money remittance; acts of God; acts of public authorities acting with actual or apparent authority;  insufficient information provided by a customer; the application of security regulations imposed by the government, or otherwise applicable to the delivery location; riots, strikes, or other labor disputes; civil commotions; disruptions in ground transportation networks, such as weather phenomena; and natural disasters.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THESE TERMS MAY NOT APPLY TO YOU.


UNAUTHORIZED USE BY THIRD PARTIES:
You are responsible for all authorized Uses of the Service as accessed by Your name and password. Applicable law may protect You from liability for unauthorized Use. An "Unauthorized" Use is Use of the Service by someone other than either You or someone authorized by You. A transaction is not Unauthorized if: (1) You give Your password or checking account information to another person expressly or implicitly authorized to Use the Service and that person Uses the Service; or (2) for any reason PoaPay.com concludes that the facts do not reasonably support a claim of Unauthorized Use.

NOTIFY PoaPay.com IMMEDIATELY IF YOU BELIEVE THAT YOUR PASSWORD HAS BEEN STOLEN OR THAT SOMEONE HAS MADE A TRANSFER USING YOUR NAME OR PASSWORD WITHOUT YOUR PERMISSION. Telephoning is the best way of minimizing Your losses. Once Your password is reported lost or stolen, We will block access to the Service.
DISCLAIMER OF WARRANTIES:
You expressly understand and agree that (a) PoaPay.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement; (b) PoaPay.com makes no warranty that (i) the service will meet Your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the Use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by You through the Service will meet Your expectations, and (v) any errors in the software will be corrected; (c) any material downloaded or otherwise obtained through the Use of the Service is done at Your own discretion and risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material; and (d) no advice or information, whether oral or written, obtained by You from PoaPay.com or through or from the Service shall create any warranty not expressly stated in these Terms.


INDEMNITY:
You agree to indemnify, defend and hold harmless PoaPay.com , and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses of any kind related thereto (including, without limitation, reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from (i) Your access to and/or Use of the PoaPay.com website or Services including, without limitation, the money transfer services; and/or (ii) Your violation of the Terms. PoaPay.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not in any event settle any matter without the written consent of PoaPay.com .


PoaPay.com ’S INTELLECTUAL PROPERTY:
The PoaPay.com website, the Service, the content, and all intellectual property pertaining thereto and contained therein (including but not limited to patents, database rights, text, graphics, links, buttons, logos, images, copyrights, trademarks and service marks) are owned exclusively by PoaPay.com , and all right, title and interest therein and thereto shall remain the property of PoaPay.com . The PoaPay.com website and Service may be Used only for the purpose permitted by these Terms. You are authorized solely to view and retain a copy of the pages of the PoaPay.com website for Your own personal, non-commercial Use. You agree that You may not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the PoaPay.com website, the Service or any portion thereof for any public or commercial Use without the express written consent of PoaPay.com . You further agree not to: (i) Use any robot, spider, scraper or other automated device to access the PoaPay.com website and/or Service; and (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on the PoaPay.com website (or printed pages thereof). The name PoaPay.com and other names and indicia of ownership of PoaPay.com ’s Service are the exclusive marks of PoaPay.com . Other product, service and company names appearing on the website may be trademarks of their respective owners.


MISCELLANEOUS INFORMATION:
Entire Agreement -- These Terms embody the entire agreement and understanding between You and PoaPay.com and supersede all prior agreements or understandings You have with PoaPay.com . If any one or more of these Terms shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable and the parties nevertheless agree that an arbitrator or court should endeavor to give appropriately valid effect to the intention of these. Your access to and Use of the PoaPay.com website and Service is governed by Washington State law. The PoaPay.com website and Service are directed to persons age 18 and over residing in the United States. The PoaPay.com website and Service are not intended for distribution to, or Use by, any person or entity in any jurisdiction or country where such distribution or Use would be contrary to law or regulation.

No Waiver -- The failure of PoaPay.com to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Modification -- These Terms may be modified or amended by PoaPay.com from time to time without notice, except as may be required by law. You can review the most current version of the Terms at any time by reviewing this website. 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 will be deemed to have accepted that amendment or modification. You agree that you will not modify these Terms and acknowledge that any attempts by you to modify these Terms shall be void.

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By accepting these terms, you also agree that the Providers may share with each other any information about you, your transactions or your Payments that you provide or that a Provider otherwise receives in connection with this Service. Use and disclosure of that information is governed by the Privacy Policy You acknowledge receipt of those privacy materials.
 
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