User Agreement

 
The following definitions apply to this agreement, hereinafter referred to as the “User Agreement”.
  1. The terms "ABS-CBN", "we", "us", and "our" refer to  ABS-CBN Global Remittance Inc., a California corporation, together with its employees, directors, successors, affiliates, and assignees.
  2. A "Transaction" is a remittance payment instruction received by ABS-CBN through the website.
  3. The terms "you" and "your" refer to users of the Service who originate (“Sender”) or receive (“Recipient” or “Beneficiary”) remittances, or visitors to this website.
  4. The "Destination Country" is the country in which the Recipient receives money through the Service.
  5. The "Transaction Amount" is the amount of the Transaction that the Sender intends for Beneficiary to receive and excludes all transaction charges and fees applied by ABS-CBN and any foreign exchange conversion that may apply.
  6. The “Service Fee” is the amount owed to ABS-CBN in consideration for funds transfer services provided.
  7. The “Foreign Exchange Conversion” is the process by which ABS-CBN converts U.S. or other currency in which a Transaction is originated into the local currency in which the Beneficiary will receive the Transaction Amount.
 
INTRODUCTION
 
This User Agreement describes your rights and responsibilities associated with your use of the ABS-CBN Global Remittance Inc. (hereinafter “ABS-CBN”) website and the services provided through that site (hereinafter, the "Service").  By accessing this site and using the Service you expressly agree to comply with and be bound by all terms and conditions of this User Agreement, or as may be modified from time, at ABS-CBN’s sole discretion.  ABS-CBN may amend these terms and conditions at any time by posting amending terms on its website, which terms and conditions shall become immediately effective.
 
 
1.   SERVICE DESCRIPTION
 
Through this website ABS-CBN provides a secure network through which you can send or receive funds pursuant to the money transfer licenses or authorization granted to ABS-CBN in the following states:
  1. California and South Carolina
 
2.   SERVICE AVAILABILITY AND RESTRICTIONS
  1. ABS-CBN rights.  ABS-CBN, in its sole discretion, reserves the right to accept or reject any Transaction. 
  2. Your Eligibility. To use the Service you must be at least eighteen (18) years old and be capable of executing legally binding contracts under applicable law. Additional restrictions may apply.
  3. Service Availability Restrictions. The Service is only available in the states described above.  It may not be available in whole or in part in other states, countries, and jurisdictions.   A valid address is required in all instances.  It is unlawful for ABS-CBN to offer its services to residents in states where a money transfer or other license is required, without first obtaining such licenses.
  4. Funds Restrictions. You represent that all funds associated with the Service, including any Service Fees or Transaction Amounts are derived from, and will be used solely for, legitimate activities.  You understand and agree that use of funds derived from illegitimate activities and/or intended to be used for illegitimate purposes, including financing of terrorist acts is strictly prohibited and will negate any obligations on the part  of ABS-CBN
 
3.   PAYMENT, CANCELLATIONS AND REFUNDS
  1. Transfer fee. In consideration of the Service, for each Transaction you submit, you agree to pay ABS-CBN the Service Fee plus the Transaction Amount.  All payments must be made in US Dollars at the time you submit your transaction for processing.  ABS-CBN will indicate the transfer fee prior to your final authorization of the transaction.  Additional charges may apply in certain circumstances.  You agree to reimburse ABS-CBN for any NSF fees, chargeback fees, or other similar fees it incurs as a result of your request for service.
  2. Forms of Payment. All payment must be made through a U.S.-based Visa or MasterCard credit card, or debit card issued by or through a financial institution located in the U.S. or by authorizing a debit from an account at U.S. financial institution held under your name (“Payment Instrument”).
  3. Payment Authorization. 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.  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.
  4. Other Charges. Your financial institution or Payment Instrument provider may assess you charges in addition those of ABS-CBN.  You, not ABS-CBN, are solely responsible for those charges.
  5. Foreign Currency Conversion. ABS-CBN and the correspondent financial institutions used in completing funds transfers (“Service Providers”) may realize additional financial benefits through the conversion of currency from US Dollars into the currency in which the transaction will be paid due to currency exchange rate differences.  You agree that, when you send a Transaction to a Recipient's bank account, that the bank account is denominated in the same currency as the Transaction. You understand that if your Transaction involves exchanges of foreign currency, ABS-CBN may be unable to predict the foreign exchange rate applicable on the date of the transaction.   You agree that we may apply whatever rate is in effect on the transaction date.
  6. Cancellations. By utilizing ABS-CBN's scheduled money transfers product, you authorize us to submit transactions on your behalf, in accordance with your instructions. ABS-CBN will continue to process your request until you instruct us to stop and cancel the transactions.  The transaction may be cancelled so long as payment has not been made to the beneficiary. Cancellation requests received after the payment instructions are delivered to Service Providers may be charged a cancellation fee.  If a transaction is cancelled your funding source will only be debited any cancellation fees that apply.
  7. Refunds.

Generally refunds are not provided unless your request arises from wrongdoing in our part and the Transaction Amount has not been paid to the Beneficiary.  We will consider your written request for a refund (submitted by email, fax, or U.S. mail using the contact information at the bottom of this User Agreement) if you provide the Sender's full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request. If the Transaction Amount has been paid to the Beneficiary, your refund will only be limited the Service Fee. 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:

a.   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 ABS-CBN 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 submit a written request to ABS-CBN as follows:
 
a.   Fax to ABS-CBN at 1-855-697-3648; or
b.   Mail it to ABS-CBN at  2001 Junipero Serra Blvd. Suite 200, Daly City, CA 94014  Attn: Customer Service
 
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 1810.5 of the California Financial Code.
 
 
4.   IDENTIFICATION VERIFICATION.
 
You and your Recipients may be required to present documents that confirm yours or their identity before a Transaction is accepted or before funds are paid.  Documents acceptable to prove identify must be issued by an official government entity and be valid and unexpired.  In addition, Recipients may be required to provide a Transaction tracking number, a personal identification number (or PIN), a "password", a "secret word", and/or another, similar identifier associated with their Transaction. You give ABS-CBN permission to store all such data, as necessary to provide the Service.  A list of acceptable identification documents can be found at the FAQs page.
 
ABS-CBN reserves the right to request additional identifying or source of funds information to comply with AML or sanctions list requirements.
 
 
5.   CORRESPONDENT NETWORK (SERVICE PROVIDERS)
  1. ABS-CBN relies on a network of correspondents to effect payment of your Transfer. While ABS-CBN attempts to provide up-to-date information on our website regarding the location, availability, and hours of our Service Providers, you agree that ABS-CBN is not responsible for inaccurate or incomplete information that may be posted on the site.
 
6.   SERVICE RESTRICTIONS
  1. 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. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in ABS-CBN'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.
  2. 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, and otherwise comply with applicable law.
  3. 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. Your Payment Instrument must be issued by a U.S. financial institution. 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.
  4. Family remittances. The Service is intended to transfer funds between family members and persons known to you.  However, despite our best efforts, only you can ensure that your transactions are consistent with this policy.  If ABS-CBN discovers you are using the Service to purchase goods or services, we reserve the right to cancel your transaction(s).
  5. 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 any activity deemed illicit in the country of origin or termination of the transaction.
  6. Third parties. You may not submit or receive a Transaction on behalf of any other person.
  7. No Changes. Once your transaction is accepted for processing, changes can only be made by exception and at the sole discretion of the Company.
 
7.   COLLECTION AND USE OF INFORMATION
  1. Legal requirements. U.S. law requires that we obtain, verify, and record personal, non-public information about you. By agreeing to this User Agreement, you acknowledge and consent to ABS-CBN's Privacy Policy. The Privacy Policy can be found by clicking here and provides greater detail about our collection and use of your personal information, and your legal rights concerning such information.
 
8.   CUSTOMER SERVICE
  1. General. Please notify us immediately if you experience any problems with the Service. You can contact using the contact information at the bottom of this User Agreement. Residents of the following jurisdictions may file complaints with the following entities that regulate our funds transfer activities:
    1. California. If you have complaints with respect to any aspect of the money transmission activities conducted at www.myREMITcom, you may contact the California Department of Financial Institutions at its toll-free telephone number, 1-800-622-0620, by email at consumer.complaint@dfi.ca.gov, or by mail at Department of Financial Institutions, Consumer Services, 1810 13th Street, Sacramento, CA 95811.
 
9.   ABS-CBN'S INTELLECTUAL PROPERTY
 
ABS-CBN’s website, the Service, the content, and all intellectual property pertaining thereto and contained therein (including but not limited to authors, patents, database rights, trademarks and service marks) are owned by ABS-CBN or third parties, and all right, title and interest therein and thereto shall remain the property of ABS-CBN and/or such other third parties. While you may view and use the site for purposes of using the Service, you may not, in whole or in part, duplicate, publish, modify any aspect hereof.
 
 
10.   DISCLAIMER OF WARRANTIES
 
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We make commercially 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.
 
 
11.   INDEMNITY
 
You agree to indemnify and hold ABS-CBN, Service Providers, and their respective subsidiaries, officers, agents, partners, and employees 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 another.
 
 
12.   LIMITATION OF LIABILITY
 
EXCEPT FOR CLAIMS UNDER SECTION 1810.5(C) OF THE CALIFORNIA FINANCIAL CODE ARISING FROM TRANSACTIONS ORIGINATING IN CALIFORNIA, IN NO EVENT SHALL ABS-CBN, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES 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 SERVICE FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ABS-CBN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF ABS-CBN, DISBURSEMENT PARTNERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES.
 
 
13.   DISPUTE RESOLUTION AND GOVERNING LAW
 
Governing Law. This User Agreement shall be governed by, and shall be construed in accordance with, 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.
 
If you have a dispute with ABS-CBN we will make every commercially reasonable effort to ensure your satisfaction with our services.  Please communicate any concerns to us immediately through our Customer Service Department through the contact information provided at the end of the Agreement.
 
 
14.   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: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) 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 above, you agree that any claim or dispute you may have against ABS-CBN must be resolved by a court located in San Francisco County. 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 ABS-CBN 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, ABS-CBN may recover attorneys' fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that ABS-CBN has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
 
 
15.   INVALIDATION
 
If any portion of this Agreement shall be invalidated on any ground by any court of competent jurisdiction, then all portions that shall not have been invalidated shall continue in force to the fullest extent permitted by applicable law.
 
 
16.   ANTI-MONEY LAUNDERING COMPLIANCE
 
ABS-CBN reserves the right reject any transaction, request additional information about source of funds, identification of Senders or Receivers of transactions, or any other additional deemed pertinent to comply with Anti-money laundering and/or Bank Secrecy Act requirement, or as may otherwise required to comply with regulatory or other legal obligations.
 
 
17.   LINKS TO OTHER SITES
 
ABS-CBN’s website may contain links and pointers to other Internet sites and resources (the "Linked Sites"). Links to any Linked Site do not constitute an endorsement by or association with ABS-CBN or any of its affiliates to any third party resources or their contents. Links do not imply that ABS-CBN is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or author symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or author symbol of ABS-CBN or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. ABS-CBN does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You agree that reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.
 
 
18.   ELECTRONIC COMMUNICATIONS
 
You acknowledge that this User Agreement shall be entered into electronically, and that the following categories of information("Communications") may be provided by electronic means: (i) this User Agreement and any amendments, modifications or supplements to it; (ii) your records of transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or ABS-CBN
 
The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive 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, such as Netscape Navigator version 4.0 or above or Internet Explorer version 4.0 or above, (ii) an e-mail account and e-mail software capable of interfacing with ABS-CBN's e-mail servers, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing, (iv) sufficient electronic storage capacity on your computer's hard drive or other data storage unit, (v) a printer that is capable of printing from your browser and e-mail software. In addition, you must promptly update us with any change in your email address by updating your profile at My Profile.
 
 
19.   MISCELLANEOUS
  1. Entire Agreement. The User Agreement constitutes the entire agreement between you and ABS-CBN and governs your use of the Service, superseding any prior agreements between you and ABS-CBN
  2. No Waiver. The failure of ABS-CBN 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.
  3. 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 this website. 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.
  4. Language. In the event there is any inconsistency between the English and other language text on this website, including the User Agreement, the English text shall be binding.
 
20.   CONTACT INFORMATION
 
Questions, notifications, and requests for refunds or further information can be sent to ABS-CBN, as follows:
  1. Online at www.tfcmyREMIT.com
  2. Mail at ABS-CBN Global Remittance, Inc
attn: Customer Service,
2001 Junipero Serra Blvd. Suite 200, Daly City, CA 94014

 

TERMS AND CONDITIONS SPECIFIC TO BILLS PAY SERVICE:
 
A.      Description of the Service (Short Description of the service)
 
Bills Pay is a remittance service that allows a customer to send money from the US to the bank account of a Company in the Philippines for purposes of settling a bill
  1. If payment is made thru Bills Pay Service on a day that is not a business day, payment shall be processed on the next business days
  2. Business days mean Mondays to Fridays. Holidays are not included.
 
B.      AGRI’s Reliance on Information Provided
  1. AGRI is not responsible for detecting any errors in information provided to AGRI for the account number and account name of the beneficiary. AGRI relies solely on the information provided by the customer
  2. AGRI is not responsible for any loss or damage to the customer’s beneficiary due to including but not limited to the following:
    1. Wrong Account Number
    2. Wrong Merchant Name
    3. Wrong Beneficiary or Account Holder Name
    4. Late remittance or use of bills pay service resulting to missing the payment deadline by the merchants or the billers
    5. Cancellation of bills payment due to unfunded bank account as declared by the financial institutions, bank account is closed or withdrawals are restricted, ACH is not processed by the bank or is returned by the bank.
 
C.      Error Resolution Policy
  1. If the customer believes that the Bills Pay transaction is erroneous or if the customer need more information about the transaction, the customer shall notify AGRI as soon as possible by email or telephone thru our Customer Service
  2. AGRI must receive the customer’s complaint on the errors no later than 10 days after the date that the error is discovered by the customer. Customer shall inform AGRI of the following:
    1. Name, Customer’s account number, email address and telephone number at which customer can be reached in case AGRI needs further information
    2. Billers Name and account number
    3. Date of the transaction and the associated transaction identification number
    4. Amount of bills pay
  3. AGRI will exert all its effort to correct the error soonest but resolution of the errors shall be within 30 days from the time the error is reported to AGRI
 
D.      Recurring Remittance/Bill Pay Transaction
  1. Customers need to submit duly accomplished and signed “Recurring Authorization Form” prior to using the recurring remittance/bill pay transaction
  2. The original copy of the form must be mailed to current address of AGRI