Golden Money Transfer, Inc. dba Inyo User Agreement
Last updated: October 23, 2024.
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 St., Cambridge, MA, 02139 USA (“Inyo”, “GMT”, “us” “our” or “we”) and the person or entity accepting this Agreement (“User” or “you”) 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 Inyo services, including any pre-transaction or post-transaction disclosures, constitute the entire agreement between User and Inyo (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:
1. Interpretation
The following terms used in this Agreement are defined as indicated:
“Account” means a unique login to the Site or other platform provided by Inyo, 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.
“Agent” means an agent, authorized delegate and other permitted entities that have contracted with Inyo to assist Inyo in User-facing activities in support of the Services. A Third-Party Servicer may be an Agent.
“Application” means any form or other sign-up documentation, or disclosure supplied to User by Inyo or an Agent in association with the Services all of which forms part of this Agreement.
“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.
“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.
“Inyo Bank Account”means a financial account of Inyo or a Partner to which Transaction Amounts are deposited to by User or otherwise received by Inyo.
“Inyo Privacy Policy”means the privacy policy posted here: https://www.gmtsend.com/en/privacy-statement.
“Inyo System” means a cloud-based system operated by GMT that allows User to access User Account and initiate Transactions.
“Partner” means any third party service providers engaged by Inyo that assists in the provision of the Services including but not limited to, Agent and any correspondent agents of Inyo.
“Payment Method” refers to the form of payment accepted by Inyo for a User to fund a Transaction Amount. These methods may include: (a) ACH Pull (automated clearing house debit) from User bank account (ACH Pull); (b) ACH Push to an Inyo Bank Account; (c) debit card; (d) credit card; (e) real-time payments (RTP); 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.
“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.
“State Specific Disclosure” means https://www.gmtsend.com/en/state-licenses or such other place on the Site where state-specific disclosure is provided.
“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 Inyo. In so far as Agents supply services that are not part of the Inyo Services, such services are Third Party Servicer Services with the Agent as Third Party Servicer.
“Transaction Amount” means the amount that the Sender provides to Inyo for transmittal to the Receiver.
“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 Inyo permission to communicate with them electronically via email or other electronic means, including but not limited to text messages, mobile app notifications, and online portal messages. Such consent includes the exchange of messages, documents, and other information related to their account or services provided by Inyo. User understands that they may withdraw this consent at any time by contacting Inyo directly and that doing so will result in Inyo 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 Inyo both intend that the E-Sign Act apply to the fullest extent possible to validate Inyo ability to conduct business with User by electronic means.
3. Agreement
3.1. Included as part of this Agreement are also all of the following:
Disclosures and Terms | Short Description | Location of Disclosure |
This Agreement | Our agreement with the User concerning our Services. | https://gmtsend.com/user-agreement |
Inyo Privacy Policy | How we collect, store, use and disclose your personally identifiable information (PII) | https://gmtsend.com/privacy-statement |
Inyo Cookie Statement | What cookies we collect on our Site. | https://gmtsend.com/cookie-statement |
Inyo Website Terms of Use | Legal terms for accessing our website. | https://gmtsend.com/terms-and-conditions |
Individual State Licensure Disclosures | Rights available to Users in each state. | https://gmtsend.com/state-licenses |
ESign Consent | Your consent to do business with us electronically. | https://gmtsend.com/esign-consent |
Fee Disclosures | How much we charge and other financial details concerning your Transaction. | Supplied to User when initiating a Transaction. |
ACH Consent | Your consent for us to debit your bank account, if applicable. | Set out below and also accepted by User when initiating an ACH Transaction. |
Card payment consent | Your consent for us to charge your payment card, if applicable. | Set out below and also accepted by User when initiating a Card Transaction. |
Receipt | The receipt we supply you for each Transaction. | Supplied by Inyo when User initiates a Transaction. |
4. Inyo Services
4.1. The Services allow User to carry out a payment transaction by which User, as a Sender, can send funds (such funds being, the “Transaction Amount”) through Inyo either directly or through an Agent to a Receiver identified by the Sender (each such payment, a “Transaction”). Inyo reserves the right to complete each Transaction either itself or using Partners
4.2. Inyo 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. California, Colorado, Texas and Alaska consumers also benefit from rights detailed here https://gmtsend.com/compliance-first.
4.3. Inyo 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 and available Payment Methods will vary by place of Sender and other factors. The Services available to the User are as posted on the Site or through an Agent. The Services may be delayed, restricted, forfeited, or ultimately unavailable due to certain laws and regulations governing the Services.
4.4. Inyo 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 or Payment Method at its sole and absolute discretion for any reason or for no reason.
4.5. Inyo 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.
5. Limitations
5.1. 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 Inyo and have been terminated for cause by Inyo. The Services may be used for individual consumer purposes, as well as by businesses. Inyo reserves the right to decline to provide Services or terminate Services to one or another type of business; Inyo 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.
5.2. Limitations on Use. User shall not use the Services for any illegal, fraudulent or other prohibited activity. If Inyo 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 Inyo. Additionally, Inyo 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;
- fireworks;
- 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).
Inyo reserves the right to refuse a Transaction or restrict the funds of a Transaction from being collected by the Receiver if Inyo reasonably believe that: (a) doing so might be prohibited by law or other requirement applicable to Inyo or any Agent or Partner; (b) doing so may expose Inyo, 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 Inyo from being able to share with User the reason why Inyo 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 Inyo.
5.4. Inyo 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 Inyo 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 Inyo Systems underlying the Services; (v) use or copy the any software or Inyo 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 Inyo; (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.
6. User Data Consent
6.1 For information regarding how Inyo uses, shares and safeguards User personal information, please see the Inyo Privacy Policy posted here https://www.gmtsend.com/en/privacy-statement, which forms part of this Agreement.
6.2 User consents to Inyo collecting, storing, processing, and sharing User's personal information to, from, and among Inyo, User, Agents, Partners, and Third-Party Servicers as required to supply the Services. User shall provide Inyo with a copy of their government-issued identification card acceptable to Inyo or such other means of identification before a Transaction is completed. User, as Sender, authorizes Inyo to communicate with each Receiver concerning Transactions and share such information with them as is required to carry out Transactions and assist Partners in doing the same.
6.3. User must provide Inyo with only accurate and complete information and shall be liable for any failure to do so. When User has provided Inyo with information that User knows is incorrect, incomplete or misleading, User shall immediately notify Inyo 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.
6.4. To combat money laundering activities and the funding of terrorism, the law requires a money transmitting institution such as Inyo to obtain, verify, and record information that identifies each person who applies to establish an Account or initiates a Transaction through the Services.
6.5. As part of the application to establish an Account, or the process to initiate a Transaction through the Site, Inyo will ask User for personal information, such as Username, street address, date of birth, and other information that will allow us to identify User. Inyo 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, Inyo may obtain information about User from third party data providers authorized by User or other third-party sources, to verify User identity, administer User Account, or identify and prevent fraudulent activity. User authorizes their mobile carrier and its data sources, to provide their account information to us, including, as necessary, Username, address, e-mail, and device data for these purposes. Inyo reserves the right to take all lawful steps that Inyo 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 Inyo are unable to verify the information User provide and verify User identity to the satisfaction of Inyo, Inyo, 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.
6.6. Inyo is not liable for the collection, processing, or storage of User data by Third-Party Servicers under their respective Third-Party Servicer Agreements.
6.7. User authorizes their wireless carrier to use or disclose information about their account and wireless device, if available, to Inyo, its suppliers and Third-Party Servicers for the duration of User’s business relationship, solely to help them serve the User, identify User or its wireless device and to prevent fraud. Please refer to the Inyo Privacy Policy for information on how Inyo handles User data.
7. Data Security
7.1. Inyo 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. Inyo 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. Inyo 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.
7.2. User shall secure their data in their possession or under their control. User assumes exclusive responsibility for ensuring the security of User Device and the data on it. Inyo 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 their Device in a manner that does not meet the applicable security requirements of Inyo, as indicated in the Account or on the Site, or those of Third-Party Servicers.
7.3. Inyo 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 the User’s responsibility to back-up all User Data, including all data and records that the User submits to Inyo, onto their device.
8. Account
8.1. Inyo 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 Inyo supplies User with an Account, Inyo shall provide User with access codes for the Account. User shall not disclose such codes or permit any third party to use them. User bears exclusive responsibility for the use of their Account. Inyo 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.
8.2. Except as required to deliver the Services or as otherwise required by law, Inyo shall not grant any third-party access to User Account.
8.3. User shall immediately notify Inyo by email at info@Inyonorthamerica.com of any loss or disclosure, whether voluntary or otherwise, of any Account password or access code to a third party.
8.4. Upon User’s request, Inyo 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. Inyo reserves the right to replace the User ID at its sole discretion for any reason or for no reason. Any User Personnel who accesses the Services does so subject to this Agreement.
8.5. 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, insecure, and may, from time to time, impede access to the Services or performance hereunder. User agrees that Inyo 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 Inyo in connection therewith.
8.6. The Account is not a bank account, stored value account, it is instead an account through which User and Inyo exchange information concerning Transactions. Inyo is not a bank and does not provide stored value or prepaid access unless expressly indicated on separate terms. Inyo shall not pay any interest on Transaction Amounts.
8.7. User can request the deletion of their Account by contacting Agent or Inyo 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.
8.8. In order to comply with laws and regulations concerning record keeping and in order to prevent fraud in payments to Inyo, Inyo will continue to maintain all information pertaining to the User's account in Inyo's archives; the utilization of which shall be governed by the Inyo Privacy Policy.
8.9. Following deletion of the Account, the User shall remain available to Inyo to supply such information as Inyo may require in respect of Transactions and other obligations of the User under this Agreement.
9. Inyo Intellectual Property Rights
9.1. Inyo expressly reserves all Intellectual Property Rights in the Services, the Inyo System, and all materials provided by Inyo hereunder. All right, title and interest in the Services and all other materials provided by Inyo hereunder, any update, adaptation, translation, customization or derivative work thereof, and all Intellectual Property Rights therein will remain with Inyo or its licensors. Inyo 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 (“Inyo Materials”), are protected by Intellectual Property Rights Laws of the United States and other jurisdictions.
10. Transactions
10.1. User retains Inyo under this Agreement to transmit Transaction Amounts from User as a Sender to a Receiver.
10.2. In order to begin a Transaction, User must enter the name of the Receiver, the Transaction Amount and such other information as Inyo requires. Inyo shall, at its discretion, offer one or more Payment Methods for User to supply a Transaction Amount to Inyo. The selection of Payment Methods available will change from time to time as disclosed by Inyo, through an Agent, in the Account or on the Site.
10.3. User is responsible for any errors in the instructions provided to Inyo, such as incorrect information concerning the Receiver, unless such errors are due to Inyo's systems or processes.
10.4. A Transaction may be delayed by Inyo effort to verify User identity and validate Payment Methods and otherwise comply with laws or manage financial risk.
10.5. 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 Inyo determines that User is entitled to a refund, such refund will be credited to the Payment Method used to initiate the Transaction.
10.6. Where User uses a Third-Party Servicer to communicate information to, from and among User, the Third-Party Servicer and Inyo, User consents for Inyo to rely on information from the Third-Party Servicer, including information concerning the initiation of a Transaction and related matters.
11. Payment Methods and Fees
11.1. User is responsible for paying the face-value of each Transaction Amount and all Fees for Transactions and other Services. All applicable Fees and taxes will be clearly indicated and included in the total amount due.
11.2. 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 Inyo or paid through Inyo which may not be reflected in any pre-payment disclosure or on the Receipt for User Transaction. As additional consideration for Inyo, Inyo may earn a portion of the foreign exchange conversion for Transactions that settle in currencies other than that provided by Sender
11.3. For each Transaction User initiates, User authorizes Inyo, 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, Inyo is under no obligation to complete a Transaction until it has received confirmation of 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 Inyo immediately on demand. If User opts to pay by ACH and such payment method is available, Inyo shall attempt to debit the User Bank Account designed for the Transaction on the day on which Inyo receives instructions to carry out the Transaction for the User or the following Business Day.
11.4. If a given Payment Method has insufficient funds to cover the Transaction Amount, Fees or other amounts owing by User under this Agreement, Inyo is authorized to debit other Payment Methods provided for the shortfall. If a Transaction Amount has been delivered to a Receiver, either by Inyo or a Partner, for which no funds have yet been received by Inyo or for which there has been a chargeback or reversal of payment then Inyo has the right to take all possible actions to recover funds settled to the Receiver or User. If a Transaction results in Inyo being charged NSF fees, chargeback fees, or other similar costs, User agrees to reimburse Inyo for all such amounts.
11.5. Following User initiation of and payment for the Transaction, Inyo 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. If User has been given an Account, Records of User Transactions are available through the User Account accessible through the Site using User ID and Password. If the User does not have an Account, Inyo is able to supply Records to User if the User contacts Inyo through the contact information below.
11.6. User agrees to monitor User Bank Account statements for Transaction Amounts and related Transactions and shall promptly report any errors or irregularities to Inyo.
12. Payment Consents
12.1. ACH Pull Consent. If you choose the ACH Pull Payment Method and it is available, you authorize Inyo, its designee, or a Partner to initiate electronic debits or credits from your designated bank account for the Transaction Amount, plus any applicable Fees and taxes. By providing your bank account details (bank name, account number and routing number), you confirm that the information is accurate, you are the rightful owner of the account, and the account is in good standing, and you authorize Inyo to verify this information. You also confirm that you have the authority to initiate electronic funds transfers from that account.
12.2. ACH Push Consent or Wire Transfer to Inyo. If you opt to pay via ACH Push or wire transfer, your Transaction order will remain inactive until Inyo receives the Transaction Amount and applicable Fees in its specified account. Payments must be sent to Inyo’s designated account supplied to the User by Inyo. If the Transaction is cancelled or refused, Inyo will return the deposit to the originating bank account. If unable to return the deposit, Inyo will contact you using the latest contact information provided.
12.3. Debit or Credit Card Payment Consent. If you choose to pay via debit or credit card, and such methods are available, you must provide valid card details (card number and cardholder name). By doing so, you confirm the accuracy of the information, that you are the rightful owner, and that your card account is in good standing. You authorize Inyo to initiate credits and debits via card networks for the transaction amount, including any applicable fees and taxes.
12.4.General Authorization. These authorizations remain valid as long as you continue to use Inyo services. Inyo or its Partner may request additional documentation to verify account ownership if necessary.
13. Cancellation and Refunds
13.1. User has the right to cancel a remittance Transaction within 30 minutes after making payment unless the funds have already been picked up or paid out to the Receiver. After 30 minutes, Inyo generally does not provide refunds unless Inyo did not process User Transaction according to User instructions or Inyo is unable to pay out the Transaction to the Recipient. To cancel a Transaction, please contact Inyo through the contact information set out below. The request shall enable Inyo to identify the transaction such as providing identifying information, the confirmation number or code associated with the transfer. Inyo may also request additional details, such as the Sender's email address or other identifying information, to locate and cancel the transfer.
13.2. Upon receiving a valid cancellation request within the 30-minute period, Inyo will process the cancellation and refund the total amount of the Transaction, including any Fees and applicable taxes, at no additional cost to the User. Refunds will be issued within three (3) business days after the cancellation request is received by Inyo. If a cancellation request is submitted to an authorized agent of Inyo, the request is considered received at the time it is received by the agent.
13.3. Refunds will generally be credited to the same Payment Method as the original 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. In the event of a timely cancellation, the amount of funds that is returned to User shall be the amount without deducting any Fees and other expenses incurred while refunding the funds, except as otherwise required by applicable law..
13.4. If Inyo is refunds remittance payment funds to User, these funds may be returned to User at the exchange rates established by Inyo, at its discretion, on the date of return. Inyo shall not be liable to User for any loss that occurred due to the cancellation or refund of a remittance payment
13.5. Please note that residents of certain jurisdictions may have certain refund rights and complaint procedures, as described here:
Inyo is otherwise barred by law from making a refund.
Texas. As a Sender located in the state of Texas, you are entitled to cancel a Transaction, and receive an immediate refund of all money charged for the remittance, including any fees paid to Inyo, within thirty minutes of receiving a receipt, unless the intended recipient of the transaction has received the funds, or its equivalent.
14. ERRORS AND COMPLAINTS
14.1. At any time you have any problems with the Service, you can contact Inyo using the contract information at the end. If, after contacting Inyo, User still has an unresolved complaint regarding Inyo 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.
14.2. Disputes under this Agreement are to be resolved pursuant to the arbitration provisions below, unless otherwise required by applicable law.
15. DISCLAIMERS
15.1. SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW. USE OF THE SERVICES IS AT User’s OWN RISK. TO THE EXTENT PERMISSIBLE BY LAW, Inyo AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Inyo DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET User’s REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN FROM Inyo WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Inyo 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.
15.2. Inyo 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 Inyo, Inyo may suspend access to the Services.
15.3. Content from Third Party Servicers, other users, suppliers, advertisers, and other third parties may be made available to User through the Services. Inyo does not control such content; User agrees that Inyo is not responsible for any such content. Inyo does not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content and Inyo 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 Inyo. Inyo 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. Inyo 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. Inyo provides these links for User’s convenience only and does not control such third parties. Inyo’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 Inyo 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 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Inyo BE LIABLE TO User IN CONNECTION WITH ANY WEBSITES, CONTENT, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.
16. INDEMNIFICATION
16.1. User shall indemnify, defend, and hold Inyo, 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, except to the extent such claims, damages, liabilities, costs, and expenses are caused by Inyo's own negligence or willful misconduct.
16.2. User shall be liable for all costs, such as legal fees, that Inyo may incur collecting amounts owed to Inyo hereunder, such as a Transaction Amount and related Fees or otherwise enforcing the terms of this Agreement.
17. LIMITATION OF LIABILITY
17.1. Except as otherwise expressly provided in this Agreement, 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.
17.2. Inyo shall not be liable for User Transaction Amounts once they are delivered to a Receiver.
17.3. Inyo is liable for the errors, acts and omissions of its Agents acting in their capacity as an agent of Inyo in the supply of the Services.
17.4. Inyo is not liable for errors, acts or omissions of Third Party Servicers except if the Third-Party Servicer is also an Agent and they are acting in that capacity.
17.5. In respect of a given Transaction, under no circumstances shall the liability of Inyo or any Agent exceed the Transaction Amount of the Transaction that has not been (i) delivered to a Receiver as per User instructions; or (ii) returned to the User, as Sender, plus all associated Fees actually paid by the User.
18. ARBITRATION AND WAIVER OF CLASS REMEDY AND JURY TRIAL.
18.1. 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 WEBSITE WWW.ADR.ORG. USER UNDERSTAND THAT ABSENT THIS SECTION (F), USER WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
18.2. 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, Inyo 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.
18.3. RESTRICTIONS. USER AND Inyo AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN 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.
18.4. Exceptions to Arbitration. User and Inyo 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.
18.5. Severability. User and Inyo agree that if any portion of this Section 18 is found illegal or unenforceable, that portion shall be severed and the remainder of the Section 18 shall be given full force and effect.
19. TERM AND TERMINATION
19.1. 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.
19.2. 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 Inyo using the contact information set out below. Inyo may terminate this Agreement at any time for any reason or for no reason without prior notice to User or prior consent of User. Inyo shall inform User by email notice if it has terminated this Agreement.
19.3. No termination of this Agreement shall relieve the User of liabilities of User that arose hereunder prior to termination. On termination of this Agreement, Inyo may complete then pending Transactions or return the Transaction Amounts to User, at its discretion.
20. General
20.1. Governing Law. Subject to the arbitration provisions set out above and unless otherwise inconsistent with relevant federal and state laws this Agreement is governed by the laws of the Commonwealth of Massachusetts without regard to conflict of law principles
20.2. Assignment. . User may not assign this Agreement or any of its rights or obligations hereunder to any third party without prior written consent of Inyo. Any assignment in violation of this section shall be void. Inyo 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 in the event of a sale of all or substantially all of the assets of Inyo, Inyo may include in the sale the User’s Payment Method used hereunder and other User records, subject to applicable laws.
20.3. Third Party Beneficiaries. Each Agent and Partner is a third party beneficiary of this Agreement for purposes of indemnity and limitations on liability.
20.4. 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.
20.5. 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.
20.6. Force Majeure. User acknowledges and understands that if Inyo is unable to provide Services as a result of a force majeure event Inyo 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 Inyo.
20.7. Severability. 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.
20.8. Waiver. The failure to exercise, or delay in exercising, a right, power, or remedy provided in this Agreement or by law on one occasion shall not preclude enforcement thereof on future occasions.
20.9. 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 Inyo.
20.10. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any and all prior agreements, negotiations, or other communications, whether written or oral. This Agreement may be executed by electronic acceptance. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20.11. Amendments. Inyo 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 becomes 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 Inyo’s website.
20.14. English Language.. It is the express wish of the parties that this Agreement and all related documents be drafted in English. Translations may be provided in other languages. You agree that the English version of the Agreement will control in the event of any inconsistency between the English and translated versions in any dispute related to this Agreement.
20.13. 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, 5 Limitations, 6 User Data Consent, 9 Inyo Intellectual Property Rights, 10 Transactions (to the extent Transactions are ongoing at the time of termination), 11 Payment Methods and Fees, 13 Refunds, 14 Error and Complaints, 15 Disclaimers, 16 Indemnification, 17 Limitation of Liability, 18 Arbitration, 19 Term and Termination, 20 General and 21 Notices
21. Notices
21.1. Inyo 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 Inyo under this Agreement by certified mail or courier, with signature requested to the address of Inyo set out below. Inyo 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 Inyo deems sufficiently secure.
21.2. From time to time, Inyo 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.
21.3. Documents that may be sent by electronic communication between User and Inyo 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. Inyo 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 Inyo in the Account or Application, and User has not notified Inyo of a change in email address.
Golden Money Transfer, , Inc. dba Inyo
45 Prospect Street, Cambridge, MA 02139
Tel: 1-888-702-5656
Email: info@gmtnorthamerica.com
To resolve an error or file a complaint, please contact Inyo at the addresses set out above. You are also entitled to contact state banking regulators identified on your Receipt or at the following web addresses: https://gmtsend.com/compliance-first and https://gmtsend.com/state-licenses.