Chapulín Money Transfers User Agreement
The following terms and conditions (together with any documents referred to herein) (collectively, this “Agreement”) represent a contract between you (“you” or “your”) and InterCambio Express, Inc., an Indiana corporation (“InterCambio Express”) and Oak Financial Software Corp. d/b/a Chapulín Money Transfers, a Delaware corporation (“Chapulín”) (InterCambio Express and Chapulín are collectively referred to herein as “we” or “us” or “our”) governing the money transfer service provided by InterCambio Express (the “Money Transfer Service”) via the Chapulín Money Transfer websites (for purposes of this User Agreement, “Chapulín Websites” includes our mobile applications). This User Agreement is effective as of August 5, 2014.
For purposes of this Agreement: (a) “Money Transfer” is defined as the transmission of funds to a designated Beneficiary, pursuant to payment terms entered into the Chapulín Websites directly by you; (b) “Beneficiary” is defined as the individual designated by you as the recipient of the Money Transfer, who is acceptable to InterCambio Express, and receives a Money Transfer at a participating Paying Agent location; (c) “Paying Agent” is defined as an entity, appointed by InterCambio Express, to pay out Money Transfers in the destination country identified in your Money Transfer instructions; (d) “Service Charge” is defined as the fee charged for a Money Transfer; and “Account” means the records we maintain to account for the transactions performed with the Chapulín Websites.
Chapulín Money Transfers is not the provider of the Money Transfer Service, and you expressly release Chapulín Money Transfers from any claims related to the Money Transfer Service. This Agreement confers rights and remedies upon the parties. Any questions or support you need related to your Chapulín Money Transfers Account should be directed to Chapulín Money Transfers at 1-844-372-2970, by chat with a customer service representative from the Chapulín Mobile Transfers website (http://www.michapulin.com), or by writing to Chapulín Money Transfers, 1400 E. Angela Blvd., South Bend IN 46617.
For purposes of this Agreement, our business days are Monday through Friday, excluding federal holidays, even if we are open. Chapulín Websites’ and InterCambio Express’ customer service hours are 8AM – 12AM ET, seven days a week. Any reference to “days” in this Agreement means calendar days unless otherwise indicated.
Do not access or use the Money Transfer Service if you do not agree to be bound by the User Agreement. By accessing and using the Money Transfer Service, you are agreeing to the User Agreement.
1. Consent to Use Electronic Records; Notices and Communications. In connection with this Agreement and the products and services offered hereunder, you may be entitled to receive certain information, such as records, notices, and communications in writing. To help with our efforts to protect the environment, and to facilitate mobile use of our service, we ask that you give us permission to provide these records, notices, and communications to you electronically instead of in paper form.
(a) Your consent to use electronic records and your right to withdraw consent. To the extent permitted by applicable law, you consent to electronically receive all disclosures for the Money Transfer Service and all other related services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the U.S. Postal Service. Your consent to receive such disclosures electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records, notices, and communications electronically at any time by contacting Chapulín Money Transfers’ customer service at 1-844-372-2970.
(b) If you withdraw your consent to receive electronic notices, you will not be able to use the Money Transfer Service. Any withdrawal of your consent to receive records, notices, and communications electronically will be effective only after Chapulín has a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records, notices, and communications electronically will not apply to records, notices, and communications electronically provided by us to you before the withdrawal of your consent becomes effective.
(c) Your consent covers the following documents. Your consent applies to all of the disclosures we would otherwise be required to provide you in paper form, including, but not limited to: receipts for your Money Transfer and terms and conditions applicable to your Money Transfer (such as this Agreement), any updates or changes to those documents, and other informational mailings regarding your transactions.
(d) You must keep your email or electronic address current with us. In order to ensure that we are able to provide records, notices, and communications to you electronically, you must notify us of any change in your email address or your mobile phone number by updating your profile for your Chapulín Money Transfer account (“Account”) at www.michapulin.com (the “Chapulín Website”).
Please indicate your consent to receive and use electronic records, communications and notices by checking the “I consent to receiving records, notices, and communications electronically” box. By providing your consent, you are also confirming that you are able to receive and review electronic records, and that you have an active email account. You are also confirming that you have read and understand the consent to use electronic records, communications, and notices.
2. Privacy Policies. For an explanation of our information collection, use, and disclosure practices, please review Chapulín’s Privacy Policy available on the Chapulín Website, and InterCambio Express’ Privacy Policy available [●] (collectively, our “Privacy Policies”).
3. Access and Account Security.
(a) 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. In order to use the Money Transfer Service, you must also have a Chapulín Account in good standing. You must place an order of the Money Transfer Service within one of these states in the United States (the “Money Transfer Service Territory”): IN – Indiana, TX – Texas, AZ – Arizona, CO – Colorado, DE – Delaware, ID – Idaho, IL – Illinois, IA – Iowa, KS – Kansas, KY – Kentucky, MD – Maryland, MI – Michigan, MN – Minnesota, MO – Missouri, NJ - New Jersey, NC - North Carolina, NM – New Mexico, NV – Nevada, OH – Ohio, OR – Oregon, SC - South Carolina, TN – Tennessee, WA – Washington, WI – Wisconsin, Washington D.C. You hereby authorize us to use Geolocation services in your browser or mobile device to determine your location at the moment of placing an order. See also Section 3(b) on Hardware and software that you will need.
(b) Hardware and Software Requirements. In order to provide a Money Transfer Service, you will need (i) a mobile device or a computer system with a connection to the Internet; (ii) a Current Version of the following desktop browsers: Microsoft Internet Explorer (9.0+), Mozilla Firefox (3.5+), Google Chrome (4.0+), Safari (5.0+), or Opera (10.6+ except for 15.0); or (iii) a Current Version of the following mobile browsers: Microsoft Internet Explorer Mobile, Firefox for Android, Google Chrome for Android, Android Browser or Safari for iOS; and (iv) the browsers must have the Geolocation options turned on and allow the Chapulín Money Transfers service to access the user’s Geolocation. “Current Version” means a version of the software that is currently being supported by its publisher. We may change these requirements from time to time and will update this document accordingly.
(c) Miscellaneous.
(i) InterCambio Express reserves the right to monitor use of the Money Transfer Service to determine compliance with this Agreement. Except as otherwise prohibited by applicable law, InterCambio Express may limit, suspend, or terminate your access to the Money Transfer Service, including any related services, at any time without notice for any reason whatsoever. Upon termination of this Agreement, your rights to use the Money Transfer Service will terminate immediately, and you shall cease all use of the Money Transfer Service. The termination of this Agreement will not affect our rights or your obligations arising under this Agreement. Except for the rights expressly granted herein, InterCambio Express reserves all other rights to the Money Transfer Service, and no other rights are granted by implication or otherwise.
(ii) You are responsible for making all arrangements necessary for you to have access to the Chapulín Websites.
(iii) To access the Money Transfer Service, you may be asked to provide certain registration, identification, and authentication details, or other information. It is a condition of your use of the Money Transfer Service that all the information you provide to us via the Chapulín Websites (or otherwise) is correct, current, and complete at all times.
(iv) If you use the Money Transfer Service and you choose, or you are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify us of any unauthorized use of your user name or password, or any other breach of security. You also agree to ensure that you exit from the Chapulín Websites at the end of each session. You should use particular caution when accessing the Chapulín Websites from a public or shared computer so that others are not able to view or record your user name, password, or other personal information.
(v) We have the right to disable any user name or password, whether chosen by you or provided by us, in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of this Agreement.
(d) Mobile Services. The Money Transfer Service is also accessible via a mobile device. 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.
4. The Money Transfer Service. InterCambio Express provides registered users of the Chapulín Websites with the ability to initiate Money Transfers to Beneficiaries located in many countries around the world. In order to use the Money Transfer Service, you will be required to provide us with information necessary for us to verify your identity; to obtain proper Account authorization; and to complete the Money Transfer in compliance with applicable federal, state, and foreign laws and regulations. Beneficiary information and verification may also be required. When required by applicable law, Money Transfers will be reported to federal, state, local, or foreign authorities. Unless explicitly stated otherwise, any new features that expand or enhance the current Money Transfer Service shall be subject to this Agreement. For specific information regarding the Money Transfer Service, please contact InterCambio Express’ customer service at 1-888-534-8441.
5. Currency Exchange. If you instruct InterCambio Express to pay out a Money Transfer to a Beneficiary in a currency (“Payout Currency”) other than United States Dollars (“USD”), a retail exchange rate may be applied in addition to any Service Charge appearing on the face of your receipt. The Payout Currency for such Money Transfer is acquired by InterCambio Express at a wholesale rate that fluctuates, but may approximate the wholesale rate for such Payout Currency listed in newspapers, such as the Wall Street Journal®. InterCambio Express may earn foreign exchange profit from payments transferred to the local currency.
6. Payment Authorization. When you initiate and submit a Money Transfer via the Chapulín Websites, you authorize InterCambio Express (or its designated agent) to debit your Account for the amount of such Money Transfer, our associated Service Charge, and any other applicable fees. You are responsible for ensuring that your Account has sufficient available funds for your Money Transfer. If InterCambio Express executes a Money Transfer pursuant to your Money Transfer instructions and subsequently is advised that your Account had insufficient available funds, you remain liable to InterCambio Express for the full amount of any such Money Transfer, associated Service Charge, and any other applicable fees. You authorize us to initiate debit and credit entries to your Account in connection with the Money Transfer Service. You also authorize us to initiate credits and debits to correct errors. This authorization shall remain in full force and effect until we have received notification from you of its termination; you may revoke your authorization only by notifying Chapulín Websites’ customer service by telephone at 1-844-372-2970 at least three days prior to the proposed effective date of the termination of this authorization. You agree that all transactions authorized by you shall comply with all applicable federal, state, and foreign laws and regulations. Money Transfers that have been authorized by you shall be processed only on the condition that Chapulín Money Transfers has authorized the corresponding debits. You acknowledge and agree that InterCambio Express is authorized to debit your Account for the principal amount of the Money Transfer, the Service Charge, and any other applicable fees.
7. Services Charges and Additional Fees. In consideration of your use of the Money Transfer Service, you agree to pay a Service Charge per Money Transfer executed through the Chapulín Websites. The Service Charge will be debited from your Account. The Service Charge (in addition to any other applicable fees debited by us directly or on behalf of any U.S. federal or state governmental authority) will be displayed in the Chapulín Websites for your authorization prior to submission of the Money Transfer. The Service Charge schedule is available on the Chapulín Websites and is subject to change from time to time in our sole and absolute discretion. In addition to any fees debited by us, a Money Transfer may be subject to additional fees assessed by the U.S. federal government, the U.S. state where the Money Transfer originates, the government of the destination country, and the financial institution in the destination country at which your Beneficiary holds a bank account.
8. Money Transfer Processing and Delivery Schedule. After we have verified your identity, received proper Account authorization, and completed the screening for proper compliance with the various applicable laws and regulations, the Money Transfer is promptly made available to the Beneficiary for pick up at a Paying Agent location, via home delivery by a Paying Agent to the Beneficiary’s home or office (available in limited destinations only), or deposit into the Beneficiary’s bank account in the destination country. The delivery of a Money Transfer varies depending on a variety of factors, including, but not limited to, the amount of the transaction, the restrictions of the destination country or point-of-payment (including, without limitation, the Paying Agent's hours of operation), and/or the accuracy of the information provided by you. Money Transfers will normally be paid to the Beneficiary by cash or check (or a combination of cash or check depending on the availability of currency or other conditions existing at the point-of-payment).
9. Errors and Problems.
(a) Errors. You have a right to dispute errors in your Transaction. If you think there is an error, contact us within 180 days of the Transaction at 1-888-534-8441. You can also contact us for a written explanation of your rights.
(i) You may receive a a full refund of your order if it is cancelled within 30 minutes of placing your order and receipt of your payment, unless the funds have already been picked up or deposited into the beneficiary bank account.
(ii) For questions or complaints about InterCambio Express, contact us by telephone at 1-888-534-8441. You may also contact the Consumer Financial Protection Bureau at 1-855-411-2372 / 855-729-2372 (TTY/TDD) or at www.consumerfinance.gov. Residents of certain jurisdictions may also consider the following:
1. Colorado. For questions or complaints about IntercambioExpress Inc. please contact the Colorado Division of Banking at 303-894-7575 or visit their website at www.dora.state.co.us/banking
2. Idaho. For questions or complaints about InterCambio Express Inc. please contact the Idaho Department of Finance at 208-332-8000 or visit their website at http://finance.idaho.gov
3. Illinois. For questions or complaints about InterCambio Express Inc. please contact the Dept. of Financial and Prof. Regulation at 217-785-2900 or visit their website at www.idfpr.com
4. Indiana. For questions or complaints about InterCambio Express Inc. please contact the Indiana Department of Financial Institutions at 800-382-4880 or visit their website at www.in.gov/dfi
5. Iowa. For questions or complaints about InterCambio Express Inc. please contact the Iowa Division of Banking at 515-281-4014 or visit their website at www.idob.state.ia.us
6. Kansas. For questions or complaints about InterCambio Express Inc. please contact the Office of the State Bank Commissioner at 785-296-2266 or visit their website at www.osbckansas.org
7. Kentucky. For questions or complaints about InterCambio Express Inc. please contact the Kentucky Department of Financial Institutions at 502-573-3390 or visit their website at www.kfi.ky.gov
8. Maryland. For questions or complaints about InterCambio Express Inc. please contact the Office of Financial Regulation at 410-230-6100 or visit their website at www.dllr.state.md.us/finance
9. Michigan. For questions or complaints about InterCambio Express Inc. please contact the Dept. of Insurance and Fin. Svcs. at 517-373-6950 or visit their website at www.michigan.gov/difs
10. Minnesota. For questions or complaints about InterCambio Express Inc. please contact the Minnesota Department of Commerce at 651-539-1500 or visit their website at www.commerce.state.mn.us
11. Missouri. For questions or complaints about InterCambio Express Inc. please contact the Missouri Division of Finance at 573-751-3242 or visit their website at http://finance.mo.gov
12. North Carolina. For questions or complaints about InterCambio Express Inc. please contact the North Carolina Office of Commissioner of Banks at 919-733-3016 or visit their website at www.nccob.gov
13. New Jersey. For questions or complaints about InterCambio Express Inc. please contact the Department of Banking and Insurance at 609-292-7272 or visit their website at www.state.nj.us/dobi/
14. Ohio. For questions or complaints about InterCambio Express Inc. please contact the Ohio Division of Financial Institutions at 614-728-8400 or visit their website at www.com.ohio.gov/fiin
15. Oregon. For questions or complaints about InterCambio please contact the Div. of Fin. and Corp. Securities at 503-378-4140 or visit their website at www.cbs.state.or.us/external/dfcs/
16. South Carolina. For questions or complaints about InterCambio Express Inc. please contact the State Board of Financial Institutions at 803-734-2001 or visit their website at www.banking.sc.gov/
17. Tennessee. For questions or complaints about IntercambioExpress Inc. please contact the Tennessee Department of Financial Institutions at 615-741-2236 or visit their website at www.tn.gov/tdfi
18. Texas. For questions or complaints about InterCambio Express Inc. please contact the Texas Department of Banking at 512-475-1300 or visit their website at www.dob.texas.gov
19. Washington. For questions or complaints about InterCambio Express Inc. please contact the Washington Dept. of Financial Institutions at 360-902-8704 or visit their website at www.dfi.wa.gov
20. Wisconsin. For questions or complaints about InterCambio Express Inc. please contact the Wisconsin Department of Financial Institutions at 608-264-7800 or visit their website at www.wdfi.org
(iii) In the event you provide us an incorrect beneficiary account number or institution name you may lose the amount you intended to transfer to the beneficiary.
(b) General. Please let us know if you have any problems with the Money Transfer Service. You can contact us using the contact information at the bottom of this User Agreement. Residents of certain jurisdictions may also consider the following:
(i) Colorado. Entities other than FDIC-insured financial institutions that conduct money transmission activities in Colorado, including the sale of money orders, transfer of funds, and other instruments for the payment of money or credit are required to be licensed by the Colorado Division of Banking pursuant to the Money Transmitters Act, Title 12, Article 52, Colorado Revised Statutes. If there are questions or concerns regarding a transaction with a licensee, please contact the Colorado Division of Banking at 303-894-7575 or by mail at:
Colorado Division of Banking
1560 Broadway, Suite 975
Denver, CO 80202
Consumer complaints should be in writing, providing as much detail as possible. Please include the following information:
1. The name of the institution and the name of any person(s) at the institution with whom the complainant has had contact. Include telephone number(s) and addresses.
2. A complete description of the complaint and any efforts that have been made to resolve the complaint directly with the institution.
3. Copies of any available documentation supporting the complaint and efforts toward resolution.
4. Any suggestions regarding a preferred resolution of the complaint.
(ii) Maryland. The Commissioner of Financial Regulation for the State of Maryland will accept questions or complaints from Maryland residents regarding InterCambio Express at: Commissioner of Financial Regulation, Attention Complaint Unit, 500 North Calvert Street, Suite 402, Baltimore, Maryland 21202, toll-free telephone number: 1-888-784-0134.
(iii) Minnesota. For questions and complaints about InterCambio Express Inc. please contact the Minnesota Department of Commerce at 1-651-539-1500 or visit their website at www.commerce.state.mn.us or you may contact the Consumer Financial Protection Bureau at 855-411-2372/855-729-2372 (TTY/TDD) or visit their website www.consumerfinance.gov.
(iv) Texas. If you have a complaint, first contact InterCambio Express Customer Service at 1-888-534-8441. If you are a Texas resident and you still have an unresolved complaint regarding InterCambio Express’ money transmission activity, please direct your complaint to the Texas Department of Banking:
In person or US Mail:
Texas Department of Banking
2601 North Lamar Boulevard
Suite 300
Austin, TX 78705
Telephone Number:
1-877-276-5554 (toll free)
Fax Number:
1-512-475-1313
Email Address:
consumer.complaints@dob.texas.gov
Website Address:
www.dob.texas.gov
10. Money Transfer Cancellations and Refunds.
(a) You may receive a full refund of your order if it is cancelled within 30 minutes of placing your order and receipt of your payment, unless the funds have already been picked up or deposited into the beneficiary bank account. You may cancel an order within 30 minutes from within the Chapulín Websites or by calling InterCambio Express’ customer service. After 30 minutes you may place a stop order by calling InterCambio Express’ customer service only.
(b) Your refund will be in USD. All refunds shall be available within 30 days of the stop order or as soon as the refunds are returned by the Paying Agent, whichever is earlier. For further information or to file a complaint, please contact InterCambio Express customer service at 1-888-534-8441.
(c) If you are a victim of a fraudulent transaction please cancel the transaction by calling us immediately at 1-866-356-9326.
(d) Notwithstanding the foregoing, residents of Washington should read the following: You, the customer, are entitled to a refund of all moneys received for transmittal within ten days of receipt of a written request for refund unless any of the following occurs:
(i) The monies have been transmitted and delivered to the recipient prior to receipt of the written request for a refund;
(ii) Instructions have been given committing an equivalent amount of money to the person designated by the customer prior to receipt of a written request for a refund;
(iii) InterCambio Express, or its authorized delegate has reason to believe that a crime has occurred, is occurring, or may potentially occur as a result of transmitting the money as requested by the customer or refunding the money as requested by the customer; or
(iv) InterCambio Express Inc. is otherwise barred by law from making a refund.
11. Money Transfer Restrictions.
(a) We reserve the right, in our sole discretion, to: (i) reject a proposed Money Transfer; (ii) limit the amount of a Money Transfer; (iii) require additional information to complete a Money Transfer; and/or (iv) take reasonable measures with respect to a Money Transfer in an effort to comply with applicable laws and regulations. You agree not to attempt to circumvent the parameters of the Money Transfer Service by entering false information or by any other means. The Money Transfer Service is offered exclusively for your personal money transfer needs. Any other use or attempted use of the Money Transfer Service for commercial purposes, promotion of products and services, or other such purposes, directly or indirectly, by you or by a third party is prohibited.
(b) The Money Transfer Service available through the Chapulín Websites is limited to a maximum amount of $2,950.00 USD per Money Transfer. Orders of more than $1,500 USD require a valid ID on file. We may establish any and all transactional restrictions applicable to Money Transfers in our sole discretion and may change such restrictions from time to time. We will provide you with any legally required notice, which may be posted on the Chapulín Websites.
(d) If you provide us with incorrect Beneficiary information, we will contact you to correct the Beneficiary information or process a refund of your Money Transfer.
(e) You are responsible for any fees that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge in connection with your use of the Money Transfer Service.
12. Trademarks. Our names, and all related names, logos, products, and service names, designs, and slogans (“Marks”) are trademarks of Chapulín, InterCambio Express, or our affiliates or licensors, as applicable. You must not use the Marks without our prior written permission. All other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners.
13. Prohibited Uses. In no event may the Chapulín Websites or the Money Transfer Service be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including, but not limited to, rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive, or otherwise violates any applicable federal, state, local, or international law, statute, ordinance, or regulation; (c) uses technology or other means to access us that is not authorized by us; (d) uses or launches any automated system, including, without limitation, "robots," "spiders," or "offline readers," to access us; (e) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to our computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates this Agreement; (i) attempts to damage, disable, overburden, or impair our servers or networks or otherwise attempts to interfere with the proper working of the Chapulín Websites or the Money Transfer Service; (j) infringes on our or any third party's copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; (k) provides false, inaccurate, or misleading information; or (l) may cause us to lose any of the services from our Internet service provider or other suppliers (collectively, “Prohibited Uses”). You further agree that you may not refuse to cooperate in an investigation or to provide confirmation of your identity or any information you provide to us in connection with your use of the Chapulín Websites or Money Transfer Services.
14. Monitoring and Enforcement; Termination. We have the right in our sole discretion to (a) take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Money Transfer Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone affecting a Money Transfer through the Chapulín Websites.
YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTIONS TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES OR REGULATORY AUTHORITIES RELATED TO THE MONEY TRANSFER SERVICE OR YOUR USE OF THE MONEY TRANSFER SERVICE.
15. Changes to the Money Transfer Service Procedures. We may modify or update the Money Transfer Service procedures from time to time, in our sole discretion, with or without notice, except as required by applicable law.
16. Disclaimer of Warranties.
(a) YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE CHAPULIN WEBSITES FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE CHAPULIN WEBSITES OR THE MONEY TRANSFER SERVICE.
(b) TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW AND EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, YOUR USE OF THE MONEY TRANSFER SERVICE IS AT YOUR OWN RISK. THE MONEY TRANSFER SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE MONEY TRANSFER SERVICE. WITHOUT LIMITING THE FOREGOING, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE MONEY TRANSFER SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE MONEY TRANSFER SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE MONEY TRANSFER SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
(c) WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
(d) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Liability and Limitation on Liability. You are responsible for any chargeback, claim, reversal, fee, fine, penalty, and other liability incurred by us, another user of our services, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Money Transfer Service. You agree to reimburse us, another user, or a third party for any and all such liability.
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, OUR LIABILITY IS LIMITED TO THE USD AMOUNT SHOWING ON THE FACE OF THE RECEIPT FOR YOUR MONEY TRANSFER, INCLUDING SERVICE CHARGES AND ANY OTHER FEES. EXCEPT AS PROVIDED IN THE PREVIOUS SENTENCE, IN NO EVENT WILL WE, OUR AFFILIATES OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MONEY TRANSFER SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IF WE DO NOT PROPERLY COMPLETE TRANSACTIONS ON TIME OR IN THE CORRECT AMOUNT IN ACCORDANCE WITH THIS AGREEMENT WITH YOU, WE MAY BE LIABLE FOR YOUR LOSSES, UP TO THE LIMITATION DESCRIBED IN THE PRECEDING PARAGRAPH. HOWEVER, WE WILL NOT BE LIABLE IF (A) THROUGH NO FAULT OF OUR OWN, YOU DO NOT HAVE ENOUGH AVAILABLE FUNDS IN YOUR ACCOUNT TO COMPLETE THE TRANSACTION; (B) THE PAYING AGENT OR RECIPIENT REFUSES TO ACCEPT YOUR MONEY TRANSFER; (C) YOUR FUNDS ARE SUBJECT TO LEGAL PROCESS OR OTHER ENCUMBRANCES RESTRICTING TRANSFER; (D) YOU PROVIDE INCORRECT OR INCOMPLETE TRANSACTION INFORMATION TO US; OR (E) IF YOUR USE CONSTITUTES A PROHIBITED USE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Indemnification. You agree to defend, indemnify, and hold harmless us, our affiliates and our and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of this Agreement, including, without limitation, any use of services other than as expressly authorized in this Agreement, your use of any information obtained from using the Money Transfer Service, or your negligence, fraud, or willful misconduct.
19. Dispute Resolution; Governing Law.
(a) Governing Law. This Agreement shall be governed according to the laws of the State of Indiana, and all activities performed in connection herewith shall be deemed to have been performed in Indiana. Any controversy, dispute, or claim arising out of or relating to the Money Transfer Service or Agreement (a “Claim”) shall be governed by and construed in accordance with the laws of Indiana.
(b) Disputes with Us. If a dispute arises between you and us, 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 us regarding the Money Transfer Service may be reported to Customer Service (See Section 25 below).
(c) Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000.00 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.
(d) Forum for Disputes. Except as otherwise agreed by the parties or as described in Section 19(c) above, you agree that any claim or dispute you may have against us must be resolved by a court located in St. Joseph County, Indiana. You agree to submit to the personal jurisdiction of the courts located within St. Joseph County, Indiana for the purpose of litigating all such claims or disputes.
(e) Improperly Filed Litigation. All claims you bring against us must be resolved in accordance with Section 19 of this Agreement. All claims filed or brought contrary to Section 19 shall be considered improperly filed, and a breach of this Agreement. Should you file a claim contrary to Section 19, we may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $5,000.00 USD from you, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
20. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
21. Waiver and Severability.
(a) No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other term or condition, and any failure by us to enforce a right or provision under this Agreement shall not constitute a waiver of such right or provision.
(b) If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
22. Force Majeure. To the extent permitted by applicable law, we will not be liable for any delay in performing or failure to perform any of our obligations under this Agreement due to any act, cause, contingency, or circumstance beyond our reasonable control, including, without limitation, fires, telecommunications failures, utility failures, power failures, equipment failures, software failures, labor strife, riots, wars, terrorist attacks, nonperformance of vendors or suppliers, or acts of God.
23. Entire Agreement. This Agreement, our Privacy Policies, and your receipt for any Money Transfer constitute the sole and entire agreement between you and us with respect your use of the Money Transfer Service through the Chapulín Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Money Transfer Service.
24. Changes to this Agreement. We may revise and update this Agreement from time to time in our sole discretion by posting a revised version on the Chapulín Websites. Except as otherwise required by applicable law, the revised version will be effective at the time it is posted. You are expected to check the Chapulín Websites from time to time to take notice of any changes, as they are binding on you. Your continued use of the Money Transfer Service following the posting of a revised version of this Agreement means that you accept and agree to the changes.
25. Miscellaneous
a. Licenses. Most states in the United States require us to be licensed to process transactions for their consumers. Our licenses can be found by clicking here.
b. 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.
c. Apple-enabled Software Applications.
1. Chapulín 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:
2. Chapulín, InterCambio Express and you acknowledge that this User Agreement is concluded between Chapulín, InterCambio Express and you only, and not with Apple, and that as between Chapulín and Apple, Chapulín, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
3. 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.
4. 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.
5. Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
6. 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 the Parties sole responsibility, to the extent it cannot be disclaimed under applicable law.
7. The Parties and you acknowledge that the Parties, not Apple, are 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.
8. 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 the Parties and Apple, the Parties, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
9. 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.
10. If you have any questions, complaints or claims with respect to the Apple-Enabled Software, please contact Chapulín using the Contact Information below.
d. The Parties 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.
26. Contacting Us. For customer service, additional information, or questions regarding the Chapulín Websites or the Money Transfer Service, please contact Chapulín Money Transfers’ customer service at 1-844-372-2970 or Chapulín Money Transfers, 1400 E. Angela Blvd., South Bend IN 46617.