The Spanish version of this agreement is a translation of the English version. It is provided as a convenience only. In the event of any discrepancy between the English and Spanish versions the English version is the only legally binding one.
BillMo User Agreement for US SENDERS
This User Agreement is effective as of November 1st, 2015 and governs the terms under which you may access and use the BillMo websites (for purposes of this User Agreement, “websites” includes www.BillMo.com, the BillMo mobile websites, and the BillMo mobile applications) and the services associated with it (the “Service”). Do not access or use the Service if you do not agree to be bound by the User Agreement. By accessing and using the Service, you are agreeing to the User Agreement.
As used throughout this User Agreement, the terms “we”, “us”, and “our” refer to ISend LLC, a Delaware limited liability company, together with our employees, consultants, directors, successors, subsidiaries, affiliates, and assignees. The terms “you” and “your” refer to users of the Service, whether in their capacity as Senders, Recipients (Wallet Holders) or visitors to our websites.
- OVERVIEW OF THE BILLMO SERVICE
The BillMo Service is intended for Senders in the US to send money to family and friends in Mexico who have a smartphone and have registered as Wallet Holders for the BillMo mobile wallet service. We recommend that you use the Service only to send money to people you know personally. You should never use the Service to send money to strangers.
The Service used by the Wallet Holders is provided by ISend de Mexico, R.A. and is licensed under Mexican law. The Service enables the Wallet Holder to use the funds deposited to withdraw funds (cash) from participating financial institutions, to make purchases using their smartphone at participating retailers, to pay bills, and to top-up prepaid mobile telephones. For more details about the Wallet Holder service see www.BillMo.com.
All funds transfers required to conduct the Service are performed by CBW Bank (founded 1892, member FDIC) and the Service is sponsored by CBW Bank. While iSend will handle all consumer complaints and inquiries regarding the Service, CBW Bank is responsible for all transmissions of funds under this agreement.
CONSUMER FRAUD ALERT: PROTECT YOURSELF FROM SCAMS AND FRAUD. Only send money to people you know. Safeguard your password, send for yourself and not on behalf of others, and use BillMo for legal purposes only. Please let us know immediately if you believe someone is trying to scam or defraud you or if your BillMo username or password have been lost or stolen by calling us at 1-888-870-3912 or e-mail us at customer.support@BillMo.com.
A “Sender” is someone who uses the Service to send money. A “Recipient” is an individual who receives money from a Sender through the Service. After they have registered they are a “Wallet Holder”. A “Transaction” is a specific instruction to send money through the Service. The “Transaction Amount” is the amount that the Sender provides to BillMo to send the Transaction, excluding any Transaction Fee. The “Payout Amount” is the amount paid out to the Recipient or Service Company, excluding any taxes or charges that may be levied under the laws of the Recipient Country (the “Local Taxes”).
- ACCESSING THE SERVICE
- Eligible Users. You must be at least eighteen (18) years old to access or use the Service as a Sender. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.
- Mobile Services. The Service is accessible via a mobile device, using a mobile app on a smartphone. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.
- Not Available to Certain Users. The Service may not be available in whole or in part in different countries and jurisdictions as determined by local laws and regulations.
- OFFER AND ACCEPTANCE
If you submit a Transaction, you are requesting that we process your Transaction, an offer which we may accept or reject at our sole discretion from our place of business in Middlebury, CT. As provider of the funds transfer services, CBW Bank may accept or reject at their sole discretion any Transaction from their place of business in Weir, KS.
- Charges. For each Transaction that you submit, you agree to pay us a transaction fee (the “Transaction Fee”) plus the Transaction Amount. Additional charges may apply. Payment is due at the time your Transaction is submitted for processing. BillMo only accepts payment in U.S. Dollars through CBW Bank. If you submit a Transaction that results in CBW Bank’s being charged non-sufficient fund fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees. For Transactions funded from the Sender’s bank account, you agree that CBW Bank may from time to time debit your bank account for less than the amount of the transfer (i.e., for a transfer of $500, CBW Bank may debit $499.98 from the bank account), as part of an effort to confirm ownership of the account.
- Payment. In order for CBW Bank to collect payment from you, you authorize CBW Bank to access, charge, or debit funds from any of the payment instruments you provide in connection with your use of the Service (each, a “Payment Instrument”) including, for example, your credit card, debit card or bank account. We do not accept prepaid payment cards as a Payment Instrument. If your payment fails or is insufficient, CBW Bank may re-try debiting your Payment Instrument one or more times or you may authorize CBW Bank to try debiting a different Payment Instrument. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, CBW Bank may try to debit your bank account or charge your credit card at a later time. You represent and warrant that you are the lawful owner of your Payment Instrument(s).
- Other Charges. ISend and CBW Bank are not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. For example (without limitation), your credit card issuer may charge you a cash advance fee and interest if you use a credit card as a Payment Instrument. ISend and CBW Bank are not responsible for any such fees, nor are we responsible for non-sufficient funds charges, chargeback fees, or other similar charges that might be imposed on you by your bank, credit card issuer, or other provider in connection with your use of the Service.
- Foreign Currencies. ISend usually makes money when you pay for a Transaction in one currency and the Transaction is paid out in another currency, which is based on the difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. You agree, when you send a Transaction to a Recipient’s (Wallet Holder’s) account, that the account is denominated in the same currency as the Transaction.
- TRANSACTION PAY OUTS
- Verification. Recipients may be required to prove their identity before receiving funds by presenting valid, unexpired identification document(s) from a list of acceptable forms of identification. In addition, Recipients may be required to provide a Transaction number and/or another, similar identifier associated with their Transaction. You give ISend permission to contact your Recipient or the Service Company and store all such data, as necessary to provide the Service. Please verify account information and bank details are correct prior to submitting your Transaction because ISend is not responsible for detecting inaccuracies. If account information and bank details are incorrect, mobile reloads may be applied to the wrong phone number or money may be sent to the wrong bank account and may not be recovered.
- General. We and CBW Bank may, at any time and in our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per Transaction basis or on an aggregated basis without prior notice. Any such limits may be imposed on individual accounts or on related accounts or households, in ISend and CBW Bank’s sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.
- Delays. Your Transaction may be delayed or cancelled at any time prior to your Recipient’s receipt of the transfer without prior notice. We and CBW Bank may delay or cancel your Transaction for reasons that include, but are not limited to: identity verification; validation of your Transaction instructions and Payment Instruments; fraud and anti-money laundering compliance review; contacting and locating you or your Recipient; and to comply with applicable law. Nevertheless, you may be entitled to a refund in certain circumstances, as described below in Section 9.
- Commercial Transactions. You agree that you will only use the Service to send money to people that you know personally and for personal reasons. If ISend discovers you are using the Service for commercial purposes, we may, in our sole discretion, cancel your Transaction(s) and close your account.
- Unauthorized Transactions. You may not use the Service in violation of this User Agreement or applicable laws, rules or regulations. It is a violation of this User Agreement to use the Service for any of the following activities (without limitation): sexually-oriented materials or services; gambling activities; fraud; money-laundering; funding terrorist organizations; purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or sending money or mobile reloads to a Recipient or for a Beneficiary that has violated the User Agreement. If you use the Service in connection with illegal conduct, ISend reserves the right to report you to the appropriate law enforcement agency or agencies. The Service is intended for our customers to send money transfers and mobile reloads to, or pay bills for, family and friends. We may, in our sole discretion, cancel any Transaction and close any account that we suspect is being utilized for any purpose prohibited by this User Agreement including for commercial purposes, including (without limitation) for purchases of goods or payments for services of any kind. You acknowledge that ISend is not liable for your use of the Service in violation of this User Agreement, including all risks associated with the purchase of goods or payment for services of any kind, such as (but not limited to) losses you suffer for undelivered or defective goods and services you pay for using the Service.
- Ineligibility. Not all Payment Instruments are available to all customers at all times. We may, in our sole discretion, refuse Transactions funded from certain Payment Instruments. We may, in our sole discretion, refuse Transactions from certain Senders, for certain Beneficiaries or to certain Recipients, including without limitation, entities and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as may be issued from time to time by the U.S. Department of Treasury and other government agencies.
- Others. You may not submit a Transaction (i) on behalf of any other person, (ii) on behalf of a business or other non-human entity or (iii) on behalf of a charitable organization without ISend’s express consent. We may, at any time and in our sole discretion, (A) refuse any Transaction, or (B) close multiple accounts held by an individual, persons related to the individual or persons living in the same household as the individual.
- No Changes. We generally do not let you change the details of your Transaction once it has been submitted to us for processing. We rely on the information you provide and it is your responsibility to make sure your Transaction details are accurate before you submit your Transaction for processing. Once the funds from a Transaction have been transferred to a Wallet Holder account, a refund is not possible.
- Restricted Activities. As a user of our websites or Service or in the course of your interactions with ISend and CBW Bank, you will not:
- Breach this User Agreement, or any other agreement between you and ISend;
- Open more than one account;
- Provide false, inaccurate, or misleading information;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
- Use an anonymizing proxy;
- Provide yourself a cash advance from your credit card (or help others to do so);
- Share Transaction numbers or information with anyone except your Recipient, and you will advise your Recipient not to share Transaction numbers or information; or
- Violate any other restrictions in this User Agreement.
- COLLECTION OF INFORMATION
- Verifying information. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your e-mail address, mobile device or financial instruments, or verifying your information against third party databases or through other sources. This may also include verifying your Beneficiary’s information.
- ERRORS AND PROBLEMS
- Errors. You have a right to dispute errors in your Transaction. If you think there is an error, contact CBW Bank within 180 days of the Transaction by phone at 1-620-396-8221, or mail your written request to CBW Bank at P.O. Box 287 Weir, KS 66781.
- You can cancel for a full refund within 30 minutes of authorizing your Transaction, unless the funds have already been delivered to the Recipient’s wallet.
- For questions or complaints about BillMo, contact us at 1-888-870-3912 or e-mail us atcustomer.support@BillMo.com or mail your written request to ISend LLC at 765 Straits Turnpike, Middlebury, CT 06762.
- General. Please let us know if you have any problems with the Service. You can contact us using the contact information at the bottom of this User Agreement.
- Cancellation and Refunds. You can cancel your Transaction for a full refund within 30 minutes of authorizing your Transaction, unless the funds have already been delivered to the Recipient’s wallet. For registered and active Wallet Holders the funds are transferred immediately. After 30 minutes, we generally do not provide refunds unless we did not process your Transaction according to your instructions or we are unable to pay out the Transaction (for example, the Recipient is unable or unwilling to become a registered and active Wallet Holder). To request a refund, please contact Customer Service (See Section 17 below).
CBW Bank will make every effort not to debit your Payment Instrument after it has received your request for cancellation. However, in some cases, CBW Bank may have initiated an irreversible request for funds from your financial institution prior to receiving your request for cancellation. In such cases, your Payment Instrument may be debited even if you have cancelled your Transaction but CBW Bank will refund your money usually within four (4) business days after CBW Bank has received the funds from your financial institution.
Refunds will be credited to the same Payment Instrument 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 your Transaction was submitted.
- ISEND’S INTELLECTUAL PROPERTY
You acknowledge that the Service, including but not limited to the content of our websites, text, graphics, links, buttons, logos, and images, as well as all other ISend patents, copyrights, trademarks, trade secrets, service marks, logos, and product and service names are owned exclusively by ISend (the “ISend Intellectual Property”). You agree not to display, use, copy, or modify the ISend Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of our websites for your own personal, non-commercial use. You further agree not to: (i) engage in or use any automated devices, data mining, robots, scraping or similar data gathering or extraction methods to access or use the Service; (ii) modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part, except that the foregoing does not apply to the information that you legally upload to the Service; (iii) remove or alter any author, trademark or other proprietary notice or legend displayed on our websites (or printed pages thereof); or (iv) infringe ISend’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
The technology and software underlying the Service or distributed in connection therewith are the property of ISend, its affiliates and Service Providers (the “Software”). Subject to the terms and conditions of this User Agreement, ISend hereby grants you a non-transferable, non-sublicensable, and non-exclusive right and license to use the object code of any Software on your device(s) solely in connection with the Service, provided that you agree not to copy (except as expressly provided herein), modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ISend.
BillMois a trademark or registered trademark of ISend in the United States and/or other countries.
- DISCLAIMER OF WARRANTIES
THE SERVICE AND SOFTWARE, IF APPLICABLE, IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES, SUPPLIERS, VENDORS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We and CBW Bank make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.
You agree to indemnify and hold ISend, its suppliers, vendors, Service Providers, Service Companies and their respective subsidiaries, officers, agents, partners, employees, and consultants, and CBW Bank harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the User Agreement, or your violation of any rights of a third party.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL ISEND, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS, OR CBW BANK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND TRANSACTION FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ISEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF ISEND, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS, OR CBW BANK.
- DISPUTE RESOLUTION AND GOVERNING LAW
- Governing Law. This User Agreement shall be governed according to the laws of the State of Kansas, and all activities performed in connection with the Service shall be deemed to have been performed in Kansas. Any controversy, dispute, or claim arising out of or relating to the Service or User Agreement (a “Claim”) shall be governed by and construed in accordance with the laws of Kansas, except that body of law governing conflicts of law.
- Disputes. If a dispute arises between you and ISend or CBW Bank, our goal is to learn about and address your concerns. If we are unable to address your concerns to your satisfaction, we will seek to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and ISend regarding the Service may be reported to Customer Service (See Section 17 below).
- Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, with the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Forum for Disputes. Except as otherwise agreed by the parties or as described in Section 14(c) above, you agree that any claim or dispute you may have against ISend must be resolved by a court located in New Haven County, Connecticut. You agree to submit to the personal jurisdiction of the courts located within New Haven County, Connecticut for the purpose of litigating all such claims or disputes.
- Improperly Filed Litigation. All claims you bring against ISend must be resolved in accordance with Section 13 of this Agreement. All claims filed or brought contrary to Section 13 shall be considered improperly filed, and a breach of this Agreement. Should you file a claim contrary to Section 13, ISend may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD from you, provided that ISend has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
- ELECTRONIC COMMUNICATIONS
You may withdraw your consent to receive all Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of this User Agreement.
- Customer Updates. You must promptly update us with any change in your mobile telephone number and by updating your profile on our websites. If ISend does not have correct contact information, ISend may not be able to notify you with important information or changes in your Transaction status.
- Entire Agreement. The User Agreement constitutes the entire agreement between you and ISend and governs your use of the Service, superseding any prior agreements between you and ISend.
- No Waiver. The failure of ISend to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision and shall not guarantee that ISend will repeat any such actions in the future. If any provision of the User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the User Agreement as reflected in the provision, and the other provisions of the User Agreement shall remain in full force and effect.
- Modification. We may modify this User Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the User Agreement at any time by reviewing our websites. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this User Agreement and acknowledge that any attempts by you to modify this User Agreement shall be void.
- Language. In the event there is any inconsistency between the English and Spanish or other language text on our websites, including the User Agreement, the English text shall be binding.
- Special Notice for International Use; Export Controls. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
- Apple-enabled Software Applications.
- ISend offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple“), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software“), in addition to the other terms and conditions set forth in this User Agreement, the following terms and conditions apply:
- ISend and you acknowledge that this User Agreement is concluded between ISend and you only, and not with Apple, and that as between ISend and Apple, ISend, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be ISend’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- ISend and you acknowledge that ISend, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between ISend and Apple, ISend, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, please contact ISend using the Contact Information below.
- ISend and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this User Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this User Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this User Agreement against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Your security and the integrity of your account is a top priority and ISend works hard to make sure that your information is secure. ISend is a safe and convenient way to send money or mobile reloads to, or pay bills for, family members and other people that you trust. However, scams and fraudsters are abundant and we urge you not to send money or mobile reloads to, or make bill payments for, anyone that you do not know personally. In particular, you should be cautious of deals or offers that seem too good to be true. If you think you have been or might be a victim of fraud, please contact us immediately by calling us at 1-888-870-3912). If you are aware of anyone or any entity that is using the Service inappropriately, please e-mail us at customer.support@BillMo.com. If you receive any fake (phishing) e-mails purporting to be from BillMo, please forward them to us at customer.support@BillMo.com.
- CONTACT INFORMATION
Questions, notifications, and requests for refunds or further information can be sent to ISend, as follows: by e-mail at customer.support@BillMo.com, by phone at 1-888-870-3912, or mail your written request to ISend LLC at 765 Straits Turnpike, Middlebury, CT 06762.