OVERVIEW OF THE SERVICE
The Service was created to help our customers send money transfers to family and friends. 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.
CONSUMER FRAUD ALERT: PROTECT YOURSELF FROM SCAMS AND FRAUD. Only send Transactions to people you know, safeguard your password, send for yourself and not for others, and use Xoom for legal purposes only. Click here to learn more about sending money safely with Xoom. Please let us know immediately if you believe someone is trying to scam or defraud you or if your Xoom username or password have been lost or stolen by telephone at 1-800-935-7154 (outside the United States, call +1 (415) 395-4342) or email at email@example.com.
The Service allows people to send and receive money around the world. A "Sender" is someone who uses the Service to send money. A "Recipient" is someone who receives money from a Sender through the Service. The "Recipient Country" is the country in which the Recipient receives money through the Service. A "Transaction" is a specific instruction to send money through the Service. The "Transaction Amount" is the amount that the Sender provides to Xoom to send the Transaction. The "Payout Amount" is the amount paid out to the Recipient, 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 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.
- 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 San Francisco, California.
- Charges. For each Transaction that you submit, you agree to pay us a transfer fee (the "Transfer Fee") plus the Transaction Amount. Additional charges may apply. Payment is due at the time your Transaction is submitted for processing. Xoom only accepts payment in U.S. Dollars. If you submit a Transaction that results in Xoom's being charged non-sufficient fund fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees. In some instances, for Transactions funded from the Sender's bank account, you agree that Xoom may debit your bank account for less than the amount of the transfer (i.e., for a transfer of $500, Xoom may debit $499.98 from the bank account), as part of our effort to confirm ownership of the account.
- Payment. In order for us to collect payment from you, you authorize us to access, charge, or debit funds from any of the payment instruments you provide us in connection with your use of the Service (each, a "Payment Instrument") including, for example, your credit card, debit card or bank account. If your payment fails or is insufficient, you authorize us to re-try one or more times using the same or a different Payment Instrument. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we 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. Xoom is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. For example (without limitation), some credit card issuers may treat the use of your credit card to use the Service as a "cash advance" rather than a purchase transaction, and may impose additional fees and interest rates for the transaction. Xoom is not responsible for any 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.
- Foreign Currencies. Xoom and its Service Providers (defined below) usually make 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 bank account, that the bank account is denominated in the same currency as the Transaction (e.g., if your Transaction calls for Xoom to deposit pesos into the Recipient's bank account, then you confirm that the Recipient's bank account is denominated in pesos).
- Scheduled Money Transfers. By utilizing Xoom's scheduled money transfers product, you authorize us to submit transactions on your behalf, in accordance with your instructions. You understand that Xoom will continue to process recurring transactions until you instruct us to stop. You further understand that you must schedule money transfers at least five (5) business days before the transfer date. If you cancel a recurring transaction prior to 11:59:59 PM (Pacific Time) on the day before the transaction is scheduled for processing, we will cancel the transaction, and your funding source will not be debited. For transactions that involve exchanges of foreign currency, you understand that Xoom may be unable to predict the foreign exchange rate on the date of the transaction, and you agree that we may apply whatever rate is in effect on the Transaction date.
TRANSACTION PAY OUTS
- Service Providers. We work with local banks, money exchange houses, and other third party service providers (each, a "Service Provider") to pay funds out to Recipients. You, in your capacity as a Sender, hereby appoint your Recipient as your agent for the purpose of receiving funds in connection with the Service. We attempt to provide up-to-date information on our websites regarding the location, availability, and hours of our Service Providers. However, you agree that Xoom is not responsible for any inaccurate or incomplete information that may be posted on its websites.
- 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 Xoom permission to 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 Xoom is not responsible for detecting inaccuracies. If account information and bank details are incorrect, money may be sent to the wrong bank account and may not be recovered.
- General. We 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, linked accounts, or on related accounts or households, in Xoom'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 in the course of our efforts to verify your identity, validate your Transaction instructions and Payment Instruments, contact and locate you or your Recipient, and otherwise comply with applicable law. Business hours and currency availability of our Service Providers may also cause delays. Nevertheless, you may be entitled to a refund in certain circumstances, as described below in Section 9.
- Commercial Transactions. The use of the Service for commercial purposes is prohibited. You agree that you will only use the Service to send money to people that you know personally and for personal reasons. If Xoom discovers you are using the Service to purchase goods or services, we may cancel your Transaction(s) and close your account.
- Pay Only When Received or "POWR." For certain Xoom transfers, your Recipient may receive the funds before your funding source is debited for the transfer (and any accompanying fees). We call this product "POWR", though it may be called by different names depending on the Recipient Country or Service Provider. If your Transaction qualifies for Xoom's POWR product, then your funding source will not be debited until your Recipient receives the funds. You understand that not all Transactions are eligible for POWR, and that the POWR product is subject to many factors, including (without limitation) Recipient Country, funding source, transfer amount, transaction history and approval by Xoom's proprietary verification system. You understand that you may or may not know whether you have qualified for POWR until after you have authorized the transfer. Xoom reserves the right to terminate, suspend, or modify POWR at any time, and to reject any transfer from qualification for POWR at any time, for any reason.
- 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 the User Agreement to use the Service for commercial purposes, including (without limitation) for purchases of goods or payments for services of any kind. Xoom may cancel any Transaction and close any account that it suspects is being utilized 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 to a Recipient that has violated the User Agreement. If you use the Service in connection with illegal conduct, Xoom reserves the right to report you to the appropriate law enforcement agency or agencies.
- 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, at our sole discretion, refuse Transactions from certain Senders and 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 or receive 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 Xoom'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.
- Restricted Activities. In connection with your use of our websites or the Service, or in the course of your interactions with Xoom, a Sender, Recipient or a third party and, in addition to other restrictions in this User Agreement, you will not:
- Breach this User Agreement, or any other agreement between you and Xoom;
- 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; and
- Provide yourself a cash advance from your credit card (or help others to do so).
TRANSACTIONS TO INDIA
- Restrictions. You understand that the Service is reserved for personal remittances only. Commercial and/or business remittances and remittances directly toward the purchase of property, investments, or contributions to charitable organizations are prohibited.
- General. We process transactions to India in one of the following two ways, and will always seek to process your transaction in the manner most appropriate for your transaction, based on the applicable regulations and the information we receive from you.
- Rupee Drawing Arrangements. Most transactions to India are processed by Xoom pursuant to the Rupee Drawing Arrangements ("RDA"), as established by the Reserve Bank of India.
- Money Transfer Service Scheme. Certain transactions to India are handled by buyindiaonline.com Inc. ("BIO"), which is a wholly-owned subsidiary of Xoom Corporation. BIO operates under a Certificate of Authorization from the Reserve Bank of India, issued pursuant to the Money Transfer Service Scheme ("MTSS"), and works in close partnership with Punjab National Bank for deposits to Punjab National Bank accounts and deposits to other banks with the NEFT system.
- Transactions processed via Money Transfer Service Scheme. If your transaction is processed via MTSS, you understand and agree that your transaction will be handled by BIO. You agree to abide by all applicable laws and regulations that apply to MTSS transactions, including certain restrictions put in place by the India Government, including (without limitation) the following:
- The maximum transaction amount per Transaction may not exceed $2,500 US dollars (or IN Rupee equivalent). The maximum amount of cash that is permitted to be picked up is INR 50,000. Cash pickups over INR 50,000 will be paid by local crossed check only;
- A Recipient may receive a maximum of 30 transactions per calendar year; and
- MTSS payments are reserved for personal inward remittances only. Commercial/business remittances and remittances toward the purchase of property, investments, donations/contributions to charitable organizations or credit to non-residents' accounts are prohibited.
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 or financial instruments, or verifying your information against third party databases or through other sources.
ERRORS AND PROBLEMS
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 1-877-815-1531 (outside the United States, call +1 (415) 395-4225) or online. You can also contact us for a written explanation of your rights.
- You can cancel for a full refund within 30 minutes of authorizing your transaction, unless the funds have already been picked up, deposited, or delivered to the Recipient.
- For questions or complaints about Xoom, contact us online; by telephone at 1-877-815-1531 (outside the United States, call +1 (415) 395-4225); or by mail at Xoom Corporation, attn: Customer Service, 100 Bush Street, Suite 300, San Francisco CA 94104-3906, USA.
- For additional information, click here.
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. Residents of certain jurisdictions may also consider the following:
- Alaska. If you have complaints or other concerns with respect to any aspect of the money transmission activities conducted with Xoom, you may contact the Alaska Department of Commerce, Community and Economic Development, Division of Banking and Securities, Money Service Businesses at (907) 269-4594 or by mail at: 550 West Seventh Avenue, Suite 1850, Anchorage, AK 99507.
- California. If you have complaints with respect to any aspect of the money transmission activities conducted at www.xoom.com, you may contact the California Department of Financial Institutions at its toll-free telephone number, 1-800-622-0620, by e-mail at firstname.lastname@example.org, or by mail at Department of Financial Institutions, Consumer Services, 1810 13th Street, Sacramento, CA 95811.
- 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:
- 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.
- A complete description of the complaint and any efforts that have been made to resolve the complaint directly with the institution.
- Copies of any available documentation supporting the complaint and efforts toward resolution.
- Any suggestions regarding a preferred resolution of the complaint.
- Maryland. The Commissioner of Financial Regulation for the State of Maryland will accept questions or complaints from Maryland residents regarding Xoom Corporation 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.
- Massachusetts (License Number - FT4008). If you are a resident of Massachusetts and you have an unresolved complaint, you may contact the Consumer Assistance Section of the Massachusetts Division of Banks at (800) 495-2265 ext. 501 (outside of Massachusetts, call (617) 956-1500 ext. 501), or by sending a written complaint to the Division of Banks, 1 South Station, Boston, Massachusetts 02110.
- Minnesota. You may contact us by email at email@example.com to voluntarily disqualify yourself from sending or receiving money transfers with Xoom ("Disqualified Xoom User"). All requests will expire one year from the date of request, unless requested for longer, or until you terminate the request in writing at firstname.lastname@example.org. Xoom may automatically inform the Minnesota Department of Commerce Financial Institutions Division to include such individual on Minnesota’s "No Transmit List." The Financial Institutions Division may from time to time provide the "No Transmit List" to Xoom and any individuals on such list shall automatically be a Disqualified Xoom User. Please see Minn. Stat. 53B.27, subd. 3 for more information on the "No Transmit List."
- New York. Xoom Corporation at 100 Bush St, Suite 300, San Francisco, CA 94104-3906, is licensed by the New York State Department of Financial Services to receive money for transmission and to transmit the same. New York customers can direct unresolved complaints to regulatory authorities at: Consumer Assistance Unit, NYS Department of Financial Services, One Commerce Plaza, Albany, NY 12257; 1-877-BANK-NYS (1-877-226-5697); http://www.dfs.ny.gov/consumer/fileacomplaint.htm.
- Texas. If you have a complaint, first contact Xoom Customer Service at 1-877-815-1531. If you are a Texas resident and you still have an unresolved complaint regarding Xoom's 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 . . . .
- Email Address . . . .
- Website Address . . . .
Refunds. You can cancel your Transaction for a full refund within 30 minutes of authorizing your Transaction, unless the funds have already been paid out to the Recipient. 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. To request a refund, please contact Customer Service (See Contact Information).
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. Notwithstanding the foregoing, residents of certain jurisdictions should read the following:
- California. The following applies only to Transactions that are submitted by Senders in California.
RIGHT TO REFUND: You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if Xoom does not forward the funds received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of funds to the person designated by you within 10 days of the date of the receipt of the funds from you unless otherwise instructed by you.
If your instructions as to when the funds shall be forwarded or transmitted are not complied with and the funds have not yet been forwarded or transmitted you have a right to a refund.
If you want a refund, you must mail or deliver your written request to Xoom Corporation, attn: Customer Service, at 100 Bush Street, Suite 300, San Francisco, CA 94104-3906, USA. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney's fees pursuant to Section 2102 of the California Financial Code.
- New Hampshire. The following applies only to Transactions that are submitted by Senders in New Hampshire: Senders are entitled to a refund of the Transaction Amount and Transfer Fee if their Transaction is not paid out according to the information they provide about their Recipient, unless the Transaction is in violation of applicable law or this User Agreement. In the case of any such refund, the Transaction will also be cancelled.
- Washington. The following applies only to Transactions that are submitted by Senders in the State of Washington: 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:
- The monies have been transmitted and delivered to the recipient prior to receipt of the written request for a refund;
- 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;
- Xoom, 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
- Xoom is otherwise barred by law from making a refund.
XOOM'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 Xoom patents, copyrights, trademarks, trade secrets, service marks, logos, and product and service names are owned exclusively by Xoom (the "Xoom Intellectual Property"). You agree not to display, use, copy, or modify the Xoom 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 Xoom'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 Xoom, its affiliates and Service Providers (the "Software"). Subject to the terms and conditions of this User Agreement, Xoom 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 Xoom.
XOOM; XOOM ULTRA; BANK TO BANK ULTRA; CUENTA A CUENTA ULTRA; STOP WAITING IN LINE. XOOM IT ONLINE; XOOM IT ONLINE; POWR; STATUSTRAK; THE SMARTER WAY TO SEND MONEY
are trademarks or registered trademarks of Xoom 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 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 Xoom, its suppliers, vendors, Service Providers, and their respective subsidiaries, officers, agents, partners, employees, and consultants 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
EXCEPT FOR CLAIMS UNDER SECTION 2102 OF THE CALIFORNIA FINANCIAL CODE ARISING FROM TRANSACTIONS ORIGINATING IN CALIFORNIA, IN NO EVENT SHALL XOOM, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS 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 TRANSFER FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF XOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF XOOM, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS.
DISPUTE RESOLUTION AND GOVERNING LAW
- Governing Law. This User Agreement shall be governed according to the laws of the State of California, and all activities performed in connection with the Service shall be deemed to have been performed in California. 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 California, except that body of law governing conflicts of law.
- Disputes with Xoom. If a dispute arises between you and Xoom, 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 Xoom regarding the Service may be reported to Customer Service (See section 17, "Contact Information," 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 Xoom must be resolved by a court located in San Francisco County, California. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.
- Improperly Filed Litigation. All claims you bring against Xoom must be resolved in accordance with section 14 of this Agreement. All claims filed or brought contrary to section 14 shall be considered improperly filed, and a breach of this Agreement. Should you file a claim contrary to section 14, Xoom may recover attorneys' fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD from you, provided that Xoom has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
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.
In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, (ii) an e-mail account and the capability to read e-mail from Xoom, and (iii) a device and Internet connection capable of supporting the foregoing.
- Customer Updates. You must promptly update us with any change in your e-mail address and telephone number by updating your profile on our websites. If Xoom does not have correct contact information, Xoom 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 Xoom and governs your use of the Service, superseding any prior agreements between you and Xoom.
- No Waiver. The failure of Xoom to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. 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.
- Xoom 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 these Terms of Service, the following terms and conditions apply:
- Xoom and you acknowledge that this User Agreement is concluded between Xoom and you only, and not with Apple, and that as between Xoom and Apple, Xoom, 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 Xoom's sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Xoom and you acknowledge that Xoom, 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 Xoom and Apple, Xoom, 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 Xoom using the Contact Information below.
- Xoom 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 Xoom works hard to make sure that your information is secure. Xoom is a safe and convenient way to send money to family members and to other people that you trust. However, scams and fraudsters are abundant and we urge you not to send money to 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 telephone at 1-800-935-7154 (toll free) (outside the United States, call +1 (415) 395-4342). If you are aware of anyone or any entity that is using the Service inappropriately, please e-mail us at email@example.com. If you receive any fake (phishing) e-mails purporting to be from Xoom, please forward them to us at firstname.lastname@example.org.
Questions, notifications, and requests for refunds or further information can be sent to Xoom, as follows: online; by telephone at 1-877-815-1531 (outside the United States, call +1 (415) 395-4225); or by mail at Xoom Corporation, attn: Customer Service, 100 Bush Street, Suite 300, San Francisco CA 94104-3906, USA.