Golden Money Transfer, Inc. dba Inyo User Agreement
This Golden Money Transfer, Inc. dba Inyo User Agreement entered into between Golden Money Transfer, Inc. dba Inyo, a company having a registered address at 45 Prospect Street, Suite 201, Cambridge, MA 02139 (“GMT”) and the person or entity accepting this Agreement (“User”) as of the date on which it is accepted by the User (the “Effective Date”). The terms and conditions set out below along with any forms, receipts, acknowledgements, or other documentation completed or used in connection with User use of GMT services, including any pre-transaction or post-transaction disclosures, constitute the entire agreement between User and GMT (the “Agreement”).
BY USING OR ATTEMPTING THE USE THE GMT SERVICES, USER AGREES TO THE TERMS OF THIS AGREEMENT.
BY CONSENTING TO THIS USER AGREEMENT, USER AGREES TO ARBITRATE ANY DISPUTE BETWEEN USER AND GMT AND USER ALSO AGREES TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION RELATED TO THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING GMT SERVICES.
USER AGREES TO RECEIVE NOTICES AND COMMUNICATION UNDER THIS AGREEMENT ONLY BY ELECTRONIC MEANS AND IF USER DOES NOT AGREE TO THAT THEY MAY NOT USE THE SERVICES.
GMT provides money transmission and other money services business services on the terms of this Agreement (the “Services”) and User wishes to procure the Services as per the terms of this Agreement.
The parties to this Agreement therefore agree as follows:
The following terms used in this Agreement are defined as indicated:
“Account” means a unique login to the Site or other platform provided by GMT through which User may access the Services.
“Affiliate” means, in relation to a Person, another Person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the Person, or a Person's principal partners, shareholders, or owners of some other ownership interest.
“Application” means any form or other sign-up documentation, or disclosure supplied to User by GMT or an Agent in association with the Services all of which forms part of this Agreement.
“Agent” means an agent, authorized delegate and other permitted entities that have contracted with GMT to assist GMT in User-facing activities in support of the Services.
“Business Day” means a day on which banks are normally open for business in New York, New York.
“Fees” means amounts payable by User for the Services as disclosed on the Application, Site, the Account, this Agreement or through an Agent.
“GMT Bank Account” means a financial account of GMT or a Partner to which Transaction Amounts are deposited to by User or otherwise received by GMT.
“GMT System” means a cloud-based system operated by GMT that allows User to access User Account and initiate Transactions.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, works of authorship, inventions, discoveries and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Partner” means any third party service providers engaged by GMT that assists in the provision of the Services including but not limited to, Agent and any correspondent agents of GMT.
“Payment Method” means that form of payment that GMT has indicated as acceptable for a User to use to supply a Transaction Amount to GMT and may include one or more of (a) automated clearing house (“ACH”) debit to User bank account; (b) ACH push by User to a GMT Bank Account; (d) debit card; (e) credit card; or (f) wire transfer.
“Receipt” means a receipt for Transaction Amount funds and a Transaction issued by GMT for User under this Agreement.
“Receiver” means a person or entity to which a Sender wishes to send funds using the Services.
“Sender” means User or another person or entity who wishes to use the Services to transmit funds to a Receiver by way of the Services.
“State Specific Disclosure” means https://www.gmtsend.com/en/state-licenses or such other place on the Site where state-specific disclosure is provided.
“Site” means https://www.gmtnorthamerica.com or such other site, platform or portal through which the Services are offered or supplied, such as they are from time to time.
“Third Party Servicers” means third parties that may offer Third Party Servicer Services to User under a Third Party Servicer Agreement.
“Third Party Servicer Agreement” means the agreement between a Third Party Servicer and a User for the supply of Third Party Servicer Services.
“Third Party Servicer Services” means services provided or offered by Third Party Servicers to User and which may be integrated with those of GMT. In so far as Agents supply services that are not part of the GMT Services, such services are Third Party Servicer Services with the Agent as Third Party Servicer.
“User Bank Account” means the financial account, such as a bank account, debit card account, credit card account or other account used to send funds via a Payment Method for Transaction Amounts.
“User Device” means a mobile device, computer or other device through which User accesses the Services.
2. Electronic Communication
2.1. User grants GMT permission to communicate with them electronically via email or other electronic means. Such consent includes the exchange of messages, documents, and other information related to their account or services provided by GMT. User understands that they may withdraw this consent at any time by contacting GMT directly and that doing so will result in GMT ceasing to supply Services to User. User agrees that User consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), and that User and GMT both intend that the E-Sign Act apply to the fullest extent possible to validate GMT ability to conduct business with User by electronic means.
3. GMT Services
3.1. The Services allow User to carry out a payment transaction by which User, as a Sender, can send funds (the “Transaction Amount”) through GMT either directly or through an Agents to a Receiver identified by the Sender (each such payment, a “Transaction”). GMT reserves the right to complete each Transaction either itself or using Partners.
3.2. GMT operates pursuant to state-issued money transmitter licenses which are listed in the State Specific Disclosure here https://www.gmtsend.com/en/state-licenses; that disclosure may contain certain specific rights for User depending on where they are located. Please review such disclosure to see if User benefits from certain specific rights under local state rules.
3.3. GMT does not offer all Services to all Users, to all Senders, for all Recipients or to all countries. The precise suite of Services available to a given User are available on the Site or through am Agent. The Services may be delayed, restricted, forfeited, or ultimately unavailable due to certain laws and regulations governing the Services.
3.4. GMT reserves the right to decline to provide Services to any actual or potential User and the right to restrict, cancel or reverse any actual or attempted Transaction at its sole and absolute discretion for any reason or for no reason.
3.5. GMT will report the Transaction and Transaction Amount, and other information relating to User and their use of the Services, to the appropriate legal or regulatory authorities, governing bodies or entities when necessary or appropriate pursuant to the laws and regulations governing the Services.
4.1. Prohibited Users. The following persons or entities are prohibited from using the Services: (i) persons or entities who appear on the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC), Specially Designated Nationals List (SDN); (ii) persons who are less than 18 years of age; and (iii) persons or entities, or their Affiliates who have procured services from GMT and have been terminated for cause by GMT. The Services may not be used for individual consumer use. User must be a business, charitable organization or not-for-profit organization to use the Services. GMT reserves the right to decline to provide Services or terminate Services to one or another type of business; GMT shall notify User of prohibited business types through the Site, the Account or the App. In any case, any business that is illegal or operates in support of illegal activity is prohibited from using the Services.
4.2. Limitations on Use. User shall not use the Services for any illegal, fraudulent or other prohibited activity. If GMT suspects that User may be engaging in or have engaged in a fraudulent, illegal or prohibited activity, including any violation of this Agreement, User access to the Services may be suspended or terminated at the sole discretion of GMT. Additionally, GMT may report the transaction to the relevant law enforcement agency. Without limitation, User shall not make payments as consideration for or in connection with:
- any illegal act;
- drugs, alcohol, or drug paraphernalia, or items that may represent these uses;
- forex or binary or any other variation of trading;
- payday loans;
- debt elimination, consolidation, or reduction services;
- cigarettes, tobacco or e-cigarettes;
- items that promote hate, violence, racial intolerance, or exploitation of a crime;
- goods or services that infringe on the intellectual property rights of a third party;
- illegal wildlife trade;
- weapons (including without limitation, knives, guns, firearms or ammunition);
- any other category or payer that GMT decides to prohibit, in its sole discretion;
- impersonating or attempting to impersonate another individual or to defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as rights of privacy, publicity, and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information through the Services about others, including email addresses;
- in support of illegal ‘Gambling’ as defined in the Unlawful Internet Gambling Enforcement Act “UIGEA”, for lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance; and any activities related to casino services, and other online or physical gambling services;
- to engage in transactions or post, upload, publish, submit or transmit any content involving items that infringe or violate any copyright, trademark, trade secret, moral rights, right of publicity or privacy, or any other proprietary right under the law, including sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of GMT intellectual property, name, or logo, including any Mark, without written consent from GMT, or in a manner that otherwise harms GMT or the GMT brand; any action that implies an untrue endorsement by or affiliation with GMT;
- in support of cartels or crime syndicates;
- any activity that may encourage or enable any other individual to do any of the foregoing;
- the unauthorized sale or resale of a brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen;
- marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age- restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis;
- the sale of narcotics, controlled substances, and any equipment designed for making or using drugs;
- pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body;
- the sale of a legal substance that provides the same effect as an illegal drug;
- pornography and other obscene materials (including literature, imagery, and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per-view, and adult live chat features;
- multi-level marketing, pyramid schemes, network marketing, and referral marketing programs;
- investment opportunities or other services that promise high rewards; sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that GMT determines in its sole discretion to be unfair, deceptive, or predatory towards consumers; or
- any businesses that GMT believes poses elevated financial risk, legal liability, or violate card network or bank policies (to the extent applicable).
GMT reserves the right to refuse a Transaction or restrict the funds of a Transaction from being collected by the Receiver if GMT reasonably believe that: (a) doing so might be prohibited by law or other requirement applicable to GMT or any Agent or Partner; (b) doing so may expose GMT, any Agent or Partner to action from any government or regulatory body; or (c) it may be connected to fraudulent or illegal activities. In certain circumstances legal or regulatory requirements may prevent GMT from being able to share with User the reason why GMT does not send User requested Transaction. A Transaction made in conjunction with an initial application for an Account will be delayed until User identity and funding information has been fully confirmed by GMT.
4.4. GMT System Security. User shall not and shall not permit any User Personnel or any other third party to: (i) permit any party to access or use the Services other than the User Personnel authorized under this Agreement; (ii) modify, adapt, alter or translate any software of GMT Systems underlying the Services; (iii) license, lease, rent, loan, distribute, or otherwise transfer the Services to any third party; (iv) except if, and solely to the extent that, such a restriction is impermissible under Law, reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or algorithms, structure or organization) of any software or GMT Systems underlying the Services; (v) use or copy the any software or GMT Systems underlying the Services except as expressly allowed hereunder; (vi) conduct or promote any illegal activities while using the Services; (vii) use the Services to generate unsolicited email advertisements or spam; (viii) use the Services to stalk, harass or harm another individual; (ix) use any high volume automatic, electronic or manual process to access, search or harvest information from the Services (including without limitation robots, spiders or scripts); (x) except if, and solely to the extent that, such a restriction is impermissible under Law, interfere in any way with the proper functioning of the Services or interfere with or disrupt any servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (xi) attempt to gain access to secured portions of the Services to which it does not possess access rights; (xii) upload or transmit any form of virus, worm, Trojan horse, or other malicious code; (xiii) use any robot, spider, other automatic device, or manual process to extract, "screen scrape", monitor, "mine", or copy any static or dynamic web page on the Services or the content contained on any such web page for commercial use without prior express written permission of GMT; (xiv) impersonate any person or entity, or otherwise misrepresent its affiliation with a person or entity; (xv) mirror or frame the Services or any content, place pop-up windows over its pages, or otherwise affect the display of its pages; or (xvi) publicly display or publicly perform any part of the Services. User may not use the Services for any purpose other than a purpose for which the Services are expressly designed. If User is prohibited under Laws from using the Services, User may not use them.
5. User Data Consent
5.2. User consents to GMT collecting, storing, processing and sharing User personal information to, from and among GMT, User, Agents, Partners and Third Party Servicers as required to supply the Services. User shall provide GMT with a copy of their government-issued identification card acceptable to GMT or such other means of identification before a Transaction is completed. User, as Sender, authorizes GMT to communicate with each Beneficiary concerning Transactions and share such information with them as is required to carry out Transactions and assist Partners in doing the same.
5.3. User must provide GMT with only accurate and complete information and shall be liable for any failure to do so. When User has provided GMT with information that User knows is incorrect, incomplete or misleading, User shall immediately notify GMT of the same and correct the information provided. User shall nonetheless remain liable for all incorrect or incomplete information provided any losses resulting from such information. User shall not attempt a Transaction using a payment method that does not belong to User.
5.4. In an effort to combat money laundering activities and the funding of terrorism, the law requires a money transmitting institution such as GMT to obtain, verify, and record information that identifies each person who applies to establish an Account or initiates a Transaction through the Services.
5.5. As part of the application to establish an Account, or the process to initiate a Transaction through the Site, GMT will ask User for personal information, such as User name, street address, date of birth, and other information that will allow us to identify User. GMT may also request a copy of User driver’s license or other identifying documents or information at any time. Notwithstanding any provision herein to the contrary, GMT may obtain information about User from third party data providers authorized by User or other third party sources, in order to verify User identity, administer User Account, or identify and prevent fraudulent activity. User authorizes User mobile carrier and their data sources, to provide User account information to us, including, as necessary, User name, address, e-mail and device data for these purposes. GMT reserves the right to take any and all lawful steps that GMT deem necessary or appropriate in order to verify the information User provide, including, but not limited to, obtaining consumer reports. If User refuses or fails to provide the requested information, or if GMT are unable to verify the information User provide and verify User identity to the satisfaction of GMT, GMT, in its sole discretion, reserves the right to decline to establish an Account for User, to provide User with access to the Services or to discontinue User access to or use of any previously-established Account or any Services at any time. Furthermore, User may be subject to civil and criminal proceedings.
5.6. GMT is not liable for the collection, processing or storage of User data by Third Party Servicers under their respective Third Party Servicer Agreements.
6. Data Security
6.1. GMT will take reasonable steps to help protect User data. However, User understands and agrees that such steps do not guarantee that the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. GMT reserves the right to cooperate with local, state and federal authorities in investigations of improper or unlawful activities and this may require the disclosure of User’s personal information. GMT may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.
6.2. User shall secure User data in its possession or under its control. User assumes exclusive responsibility for ensuring the security of User Device and the data on it. GMT is not liable for the operation or failure of User Devices or those of any third party, including but not limited to processors, hosting services, internet service providers and other Third Party Servicers. User shall not operate User Device in a manner that does not meet the applicable security requirements of GMT, indicated in the Account or on the Site, or those of Third Party Servicers.
6.3. GMT is not responsible for performing, and is not liable for any failure to perform, any back-up of any User Data or other data provided, transmitted, processed, or stored by User in or through the Services. It is User’s responsibility to back-up onto a User Device all User Data, including all data and records that User submits to GMT.
7.1. GMT may at its discretion provide User with a unique and private Account accessible through the Service. The Account shall be a record of User Transactions and Fees. If GMT supplies User with an Account, GMT shall provide User with access codes for the Account. User shall not disclose such codes or permit any third party to use them. User has exclusive responsibility for the use of their Account. GMT will invite User to enter certain preferences and specifications within the Application or the Account that will apply to the Services; User assumes exclusive responsibility for such selections even if they contain errors by User or result in losses to User. Any additional terms and conditions posted to the Site, the Application or supplied by an Agent with respect to the Account or specific Services preferences selected by User are incorporated herein by reference.
7.2. Except as required to deliver the Services or as otherwise required by law, GMT shall not grant any third party access to User Account.
7.3. User shall notify GMT by email to email@example.com immediately of any loss or disclosure, whether voluntary or otherwise, of any Account password or access code to a third party.
7.4. Upon User’s request, GMT will also issue User a User ID associated with the Account (“User ID”). User may share their User ID only with officers, directors, accountants or other User personnel that are directly employed or engaged by User (“User Personnel”) provided that User binds such third parties to undertakings of confidentiality and to also honor the terms hereof. User Personnel may only access and use the Services through the User ID and in compliance with this Agreement; User will not allow User Personnel to share the User ID with third parties. User is responsible for all activity occurring under its User ID whether by User Personnel or otherwise. GMT reserves the right to replace the User ID in its sole discretion for any reason or for no reason. Any User Personnel who accesses the Services does so subject to this Agreement.
7.5. User shall provide, at User’s own expense, all necessary hardware, applications and internet connectivity necessary to access the Services. User acknowledges that the internet can be unpredictable in performance, unsecure and may, from time to time, impede access to the Services or performance hereunder. User agrees that GMT is not responsible for any internet outages, unsecure WIFI or other connections or any other interference with User’s use of or access to the Services or security breaches arising from any User Device and User waives any and all claims against GMT in connection therewith.
7.6. The Account is not a bank account, stored value account, it is instead an account through which User and GMT exchange information concerning Transactions. GMT is not a bank and does not provide stored value or prepaid access unless expressly indicated on separate terms. GMT shall not pay any interest on Transaction Amounts.
7.7. User can cause their Account to be deleted by contacting Agent or GMT by email. Deletion of an Account will take not less than five (5) business days following a request by email. Once User Account is deleted, User information pertaining to User identification and Transactions will no longer be available to User. User agrees to backup their Account information prior to deleting their Account.
7.9. Following deletion of the Account, User shall remain available to GMT to supply such information as GMT may require in respect of Transactions and other obligations of User under this Agreement.
8. GMT Intellectual Property Rights
8.1. GMT expressly reserves all Intellectual Property Rights in the Services, GMT System and all materials provided by GMT hereunder. All right, title and interest in the Services and all other materials provided by GMT hereunder, any update, adaptation, translation, customization or derivative work thereof, and all Intellectual Property Rights therein will remain with GMT or its licensors. GMT reserves the right, in its sole discretion, to change, modify, add, or remove portions of the Services without prior notice to User or consent of User. Certain of the names, logos, trademarks, trade names, service marks, content, visual interfaces, interactive features, information, compilation, computer code, products, services, and other materials displayed on the Services (“GMT Materials”), are protected by Intellectual Property Rights Laws of the United States and other jurisdictions.
9.1. User retains GMT under this Agreement as agent of the User to transmit Transaction Amounts from User as a Sender, to Beneficiaries.
9.2. In order to begin a Transaction, User must enter the name of the Receiver, the Transaction Amount and such other information as GMT requires. GMT shall, at its discretion, offer one or more Payment Methods for User to supply a Transaction Amount to GMT. The selection of Payment Methods available will change from time to time as disclosed by GMT, through an Agent, in the Account or on the Site.
9.3. User is responsible for any errors in instructions provided to GMT, such as incorrect information concerning the Beneficiary.
9.4. User rights regarding the Transaction and the availability of a refund are explained under the applicable disclosures generated in connection with the Transaction including but not limited to the Receipt. If GMT determines that User is entitled to a refund, such refund will be credited to the Payment Method used to initiate the Transaction.
10. Payment Methods and Fees
10.1. User is responsible for paying the face-value of each Transaction Amount and all Fees for Transactions and other Services as well as all taxes applicable to such Fees.
10.2. The provider of User Payment Method may impose additional fees in connection with User use of User Payment Method to make payment for a Transaction. Fees imposed by such provider or by any other person not directly a party to the Transaction, such as the Receiver's financial institution, may not be reflected in any pre-payment disclosure or on the Receipt. In addition, it is possible that other taxes or costs may apply to the Transaction that are not imposed by GMT or paid through GMT which may not be reflected in any pre-payment disclosure or on the Receipt for User Transaction. As additional consideration for GMT, GMT may earn a portion of the foreign exchange conversion for Transactions that settle in currencies other than that provided by Sender.
10.3. For each Transaction User initiates, User authorizes GMT, its designee or a Partner to debit or charge the applicable Payment Method for the Transaction Amount, plus any applicable Fees and applicable taxes. Regardless of the Payment Method used, GMT is under no obligation to complete a Transaction for which it has not first received the Transaction Amount, applicable Fees and taxes. If, for any reason, a Transaction is completed for which User has not provided such amounts, User shall settle such amounts to GMT immediately on demand. If User opts to pay by ACH and such payment method is available, GMT shall attempt to debit the User Bank Account designed for the Transaction on the day on which GMT receives instructions to carry out the Transaction for the User or the following Business Day. User represents that the yare the rightful owner of each Payment Method used for Transactions. If requested by GMT or a Partner, User shall provide information or documentation in order to confirm that they are the rightful owner of the User Bank Account.
10.4. If a given Payment Method has insufficient funds to cover the Transaction Amount, Fees or other amounts owing by User under this Agreement, GMT is authorized to debit other Payment Methods provided for the shortfall. If a Transaction Amount has been delivered to a Beneficiary, either by GMT or a Partner, for which no funds have yet been received by GMT or for which there has been a chargeback or reversal of payment then GMT has the right to take all possible actions to recover funds settled to the Beneficiary or User.
10.5. Following User initiation of and payment for the Transaction, GMT will provide User with a post-transaction Receipt which will serve as User record of the Transaction. User will keep the Receipt for User records by printing a copy or saving it to a User Device. Records of User Transactions are available through the User Account, which may be accessed through the Site using User ID and Password.
10.6. User agrees to monitor User Bank Account statements for Transaction Amounts and related transactions and shall promptly report any errors or irregularities to GMT.
11.1. User may cancel a Transaction for a full refund within 30 minutes of creating User Transaction unless the funds have already been paid out to the Beneficiary. After 30 minutes, GMT generally does not provide refunds unless GMT did not process User Transaction according to User instructions or GMT is unable to pay out the Transaction to the Recipient. To request a refund, please contact Customer Service through the contact information set out blow.
11.2. GMT will make every effort not to debit the Payment Method after User requests a Transaction cancellation. However, in some cases, the Payment Method payment may be irreversible in which case – so long as Transaction funds have not been released to a Beneficiary- GMT will refund User money generally within fourteen (14) Business Days, after GMT has received the funds from User Payment Method.
11.3. Refunds will be credited to the same Payment Method used to pay for the Transaction. Refunds are only made in U.S. Dollars. Refund amounts will not be adjusted to account for changes in the value of the U.S. Dollar or foreign currency from the time User Transaction was submitted. The amount of funds that is returned to User shall be the amount after deducting any Fees and other expenses incurred while refunding the funds.
11.4. If GMT is refunds remittance payment funds to User, these funds may be returned to User at the exchange rates established by GMT, at its discretion, on the date of return. GMT shall not be liable to User for any loss that occurred due to the cancellation or refund of a remittance payment.
12. ERROR AND COMPLIANTS
12.1. In the event of an error in GMT Services, please contact: (i) the Agent via the contact information for Agent found below; or (ii) GMT as soon as possible via the contact information for GMT provided below.
12.2. If, after contacting Agent or GMT, User still has an unresolved complaint regarding GMT Services, User is directed to contact the regulatory agency in the state where they are located as per the State Specific Disclosure here https://www.gmtsend.com/en/state-licenses.
12.3. In case of errors or questions about the website and service information, call the Agent at the contact details provided by the Agent.
12.4. Disputes under this Agreement are to be resolved pursuant to the arbitration provisions below.
13.1. SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. USE OF THE SERVICES IS AT User’s OWN RISK. TO THE EXTENT PERMISSIBLE BY LAW, GMT AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GMT DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET User REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN FROM GMT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. GMT SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE PROCESSING, COMPLETION, OR SETTLEMENT OF TRANSACTIONS. THIS DISCLAIMER OF THE WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
13.2. GMT will not be held responsible for losses or damages resulting from suspension of service due to extraordinary events or circumstances beyond its control. In the event of a force majeure event, as determined by GMT, GMT may suspend access to the Services.
13.3. Content from Third Party Servicers, other users, suppliers, advertisers, and other third parties may be made available to User through the Services. GMT does not control such content; User agrees that GMT is not responsible for any such content. GMT does not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content and GMT assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The Services may contain links to websites not operated by GMT. GMT is not responsible for the content, products, materials, or practices (including privacy practices) of such websites. User understands that by using the Services, User may be exposed to third-party websites that User finds offensive, indecent or otherwise objectionable. GMT makes no warranty, representation, endorsement, or guarantee regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the Site or Services including but not limited to Third Party Servicer Services. GMT provides these links for User’s convenience only and does not control such third parties. GMT’s inclusion of links to such links or integrations does not imply any endorsement of the materials on such third party services or any association with their operators. The Services may contain links to sites that are operated by GMT but which operate under different terms. It is User’s responsibility to review the privacy policies and terms and conditions of any other site User visits. User AGREES THAT IN NO EVENT WILL ACME BE LIABLE TO User IN CONNECTION WITH ANY WEBSITES, CONTENT, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.
14.1. User shall indemnify, defend, and hold GMT, its Partners and Agent harmless from and against any and all claims, damages, liabilities, costs and expenses including reasonable attorneys’ fees, arising out of User breaches of the terms of this Agreement or any other acts or omissions of User or any of their Affiliates.
14.2. User shall be liable for all costs, such as legal fees, that GMT may incur collecting amounts owed to GMT hereunder, such as a Transaction Amount and related Fees or otherwise enforcing the terms of this Agreement.
15. LIMITATION OF LIABILITY
15.1. Neither party will be liable for any loss or damage due to causes beyond its control, including but not limited to earthquake, war, fire, flood, terrorism, power failure, acts of God or other catastrophes or any special, consequential, indirect or similar damages under or in connection with this Agreement including but not limited to loss of profits even if a party has been advised of the possibility of such damages.
15.2. GMT shall not be liable for User funds once they are delivered to a Beneficiary.
15.3. Agent shall not be liable for any loss of User funds through the Services as User funds are held and controlled by GMT.
15.4. GMT is not liable for acts or omissions of Third Party Servicers acting in such capacity and not acting as Agents or Partners.
15.5. In respect of a given Transaction, under no circumstances shall the liability of GMT or any Agent exceed the Transaction Amount of the Transaction that has not been (i) delivered to a Beneficiary as per User instructions; or (ii) returned to the User, as Sender, plus all associated Fees actually paid by the User.
16. ARBITRATION AND WAIVER OF CLASS REMEDY AND JURY TRIAL.
16.1. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO A TRANSACTION, THIS AGREEMENT OR BREACH OF THIS AGREEMENT, INCLUDING STATUTORY CONSUMER CLAIMS (EACH, A “DISPUTE”), SHALL BE SETTLED EXCLUSIVELY BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS COMMERCIAL ARBITRATION RULES AND, WHERE APPROPRIATE, THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (“AAA CONSUMER RULES”), BOTH OF WHICH ARE AVAILABLE AT THE AAA GMTBSITE AT WWW.ADR.ORG. USER UNDERSTAND THAT ABSENT THIS SECTION (F), USER WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
16.2. THE DETERMINATION OF WHETHER A DISPUTE IS SUBJECT TO ARBITRATION, IF CONTESTED, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT AND DETERMINED BY A COURT RATHER THAN AN ARBITRATOR. User ARBITRATION FEES AND User SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY THE AAA RULES AND, WHERE APPROPRIATE, LIMITED BY THE AAA CONSUMER RULES. IF SUCH COSTS ARE DETERMINED BY THE ARBITRATOR TO BE EXCESSIVE, GMT WILL PAY ALL ARBITRATION FEES AND EXPENSES. THE ARBITRATION MAY BE CONDUCTED IN PERSON, THROUGH THE SUBMISSION OF DOCUMENTS, BY PHONE OR ONLINE, AT User ELECTION, SUBJECT TO THE DETERMINATION OF THE ARBITRATOR. IF IN PERSON, ANY ARBITRATION HEARING THAT USER ATTEND SHALL TAKE PLACE IN THE FEDERAL JUDICIAL DISTRICT OF User RESIDENCE.
16.3. RESTRICTIONS. USER AND GMT AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETGMTEN USER AND US INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. ANY DISPUTE MUST BE INITIATED WITHIN ONE YEAR AFTER THE COMPLAINING PARTY DISCOVERS THE FACTS THAT FORM THE BASIS FOR THE CONTROVERSY OR CLAIM, OR IT IS FOREVER WAIVED.
16.4. Exceptions to Arbitration. User and GMT agree that the following Disputes (and only these Disputes) are not subject to the above provisions concerning binding arbitration and may be brought in any court having jurisdiction over the parties and subject matter: (1) any suit to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (2) any suit to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed.
16.5. Severability. User and GMT agree that if any portion of this Section 16 is found illegal or unenforceable, that portion shall be severed and the remainder of the Section 16 shall be given full force and effect.
17. TERM AND TERMINATION
17.1. This agreement shall be effective from the date User accepts it and shall be applicable so long as User uses or attempts to use the Services.
17.2. Discontinuance of the use of the Services shall not necessarily result in termination of this Agreement. User may terminate this Agreement by contacting Agent or GMT using the contact information set out below. GMT may terminate this Agreement at any time for any reason or for no reason without prior notice to User or prior consent of User.
17.3. No termination of this Agreement shall relieve the User of liabilities of User that arose hereunder prior to termination. On termination of this Agreement, GMT may complete then pending Transactions or return the Transaction Amounts to User, at its discretion.
18.1. Governing Law. Subject to the arbitration provisions set out above and unless otherwise inconsistent with relevant federal and state laws: (i) this Agreement is governed by the laws of the State of California without regard to conflict of law principles; and (ii) any matter related hereto that may be submitted to a court for resolution shall occur exclusively in courts located within San Diego County, California for the purpose of litigating all such claims or disputes.
18.2. Assignment. User may not assign this Agreement or any of its rights or obligations hereunder to any third party without prior written consent of GMT. Any assignment in violation of this section shall be void. GMT may assign this Agreement without restriction and without any notice to User. The terms of this Agreement shall be binding upon permitted successors and assigns. User agrees that on a sale of all or substantively all of the assets of GMT, GMT may include in the sale the copy of User’s payment method (e.g. credit card information) used to pay Fees hereunder.
18.3. Right to List as a User. User agrees that GMT may utilize User’s entity name in listings of current customers. Use of User’s name in any other marketing materials or press announcements will be submitted to User in advance for approval, and such approval will not be unreasonably withheld.
18.4. Third Party Beneficiaries. Each Agent and Partner is a third party beneficiary of this Agreement for purposes of indemnity and limitations on liability.
18.5. Compliance with Export Regulations. User has or shall obtain in a timely manner all necessary or appropriate licenses, permits or other governmental authorizations or approvals; shall indemnify and hold GMT harmless from, and bear all expense of, complying with all foreign or domestic laws, regulations or requirements pertaining to the importation, exportation, or use of the technology to be developed or provided herein. User shall not directly or indirectly export or re-export (including by transmission) any regulated technology to any country to which such activity is restricted by regulation or statute, without the prior written consent, if required, of the administrator of export laws.
18.6. European Union Residents. If User resides in the European Union (EU) or if any transfer of information between User and the Services is governed by the European Union Data Protection Directive or national laws implementing that Directive, then User consents to the transfer of such information outside of the European Union to its country and to such other countries as may be contemplated by the features and activities provided by the Services.
18.7. Construction. Except as otherwise provided herein, the Parties rights and remedies under this Agreement are cumulative. The term “including” means “including without limitation.” The headings of sections of this Agreement are for reference purposes only and have no substantive effect.
18.8. Force Majeure. User acknowledges and understands that if GMT is unable to provide Services as a result of a force majeure event GMT will not be in breach of this Agreement and will not be liable for delays caused by such event. A force majeure event means any event beyond the control of GMT.
18.9. Severable. NOTHING IN THIS AGREEMENT WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO USER. Any provision hereof found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and the validity, legality, and enforceability of all other provisions shall remain in full force and effect.
18.10. Waiver. The failure to exercise, or delay in exercising, a right, power or remedy provided in this Agreement or by law in one instance shall not preclude enforcement thereof on future occasions.
18.11. Independent Contractors. User’s relationship to GMT is that of an independent contractor, and neither Party is an agent or partner of the other. User will not have, and will not represent to any third party that it has, any authority to act on behalf of GMT.
18.13. Amendments. GMT reserves the right to change this Agreement at any time and from time to time upon notice by posting revisions to this Agreement (including the description of the Services) on the Site, the Account or via email notice to User. Continued use of the Services after User become aware of any such changes shall constitute User’s consent to such changes. User is responsible for regularly reviewing the most current version of this Agreement which is available on GMT’s website.
18.14. English Language. It is the express wish of the parties that this Agreement and all related documents be drawn up in English.
18.15. Survival. Upon termination or expiration of this Agreement for any reason: (i) all rights and obligations of both Parties (except for User’s payment of all sums then owing), including all licenses granted hereunder, shall immediately terminate. Provisions which by their nature should survive termination of this Agreement shall survive termination of this Agreement including but not limited to: 1 Interpretation, 2 Electronic Communication, 4 Limitations, 5 User Data Consent, 8 GMT Intellectual Property Rights, 9 Transactions (to the extent Transactions are ongoing at the time of termination), 10 Payment Methods and Fees, 11 Refunds, 12 Error and Complaints, 13 Disclaimers, 14 Indemnification, 15 Limitation of Liability, 16 Arbitration, 17 Term and Termination, 18 General and 19 Notices.
19.1. GMT may deliver notices under this Agreement by e-mail, letter, telephone or any other means as deemed fit to the e-mail address/address/telephone number registered in the Account. User shall provide notices to GMT under this Agreement by certified mail or courier, with signature requested to the address of GMT set out below. GMT may, but shall not be bound to, act upon notices and instructions given by User via e-mail, letter, telephone, fax or any other means that GMT deems sufficiently secure.
19.2. From time to time, GMT shall provide notices to User via the Account, by email or other electronic means; such notices shall be deemed delivered to User within two (2) Business Days of being sent.
19.3. Documents that may be sent by electronic communication between User and GMT may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Account or Site. GMT shall be deemed to have duly communicated and delivered any communication or document to User if such communication or document is sent via electronic mail (e-mail) to the email address provided by User to GMT in the Account or Application.
Golden Money Transfer, Inc. dba Inyo
45 Prospect Street, Suite 201, Cambridge, MA 02139
To resolve an error or file a complaint, please contact Agent customer service before contacting the state licensing division identified in the State Specific Disclosure.