Terms and Conditions for SenmoNow® Money Transfer
BY ACCESSING, USING OR ATTEMPTING TO USE THE SERVICE SenmoNow (“Service”) IN ANY CAPACITY, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
These terms are in addition to and do not supersede or replace the terms of your participating Prepaid Card (“Cardholder Agreement”). To the extent there is a conflict between these terms and your Cardholder Agreement, these terms will control with respect to this Service.
The SenmoNow® money transfer services (“Services”) are provided by through the Service’s Mobile Application (“Mobile App”) and Website (“Website”) at www.senmonow.com. These terms and conditions, along with any forms, receipts, acknowledgements, or other documentation completed or used in connection with your use of the Services, including any pre-transaction or post-transaction disclosures, constitute the entire agreement (“Agreement”) between you, the individual purchaser of the Services (“you”, “your” or “Sender”) and us.
THE SENMONOW MONEY TRANSFER SERVICE
- Description of the Services.
The Services provide you with the ability to conduct a transaction in which the Sender funds a participating prepaid card account (“Card”, “Card Account”) with an approved funding source (“Payment Method”) and sends a designated amount of funds (the “Transfer Amount”) to a designated recipient (the “Receiver”) a (“Transfer”).
- Transfer to Debit Card – The Transfer is executed using the Visa Direct program a) and may be subject to those rules and limitations.
- Domestic Transfer – A person-to-person Transfer where the Receiver is an individual (i.e., the Transfer is a person-to-person transfer). The Sender deposits the Transfer Amount to the Receiver’s designated bank issued Visa® or Mastercard® prepaid card or debit card, as applicable within any state, territory, or possession of the United States, or the District of Columbia. Exclusions may apply based on country, card type, issuing bank or association.
- Instant Card to Bank Transfer – A person-to-person Transfer where the Receiver is the same individual as the sender and is registered to the participating prepaid card. The Sender deposits the Transfer Amount to another bank issued Visa or Mastercard prepaid card or debit card in the United States. The transfer requires the receiving card’s issuing bank to be enabled to accept OCT transactions with Fast Funds and may take up to 30 minutes to post.
- International Transfer – A person-to-person Transfer where the Receiver is an individual who is located in a foreign country (i.e., not a state, territory or possession of the United States). For International Transfers, the Receiver is an individual (i.e., the Transfer is a person-to-person transfer). The Sender deposits the Transfer Amount to the designated Receiver’s bank issued Visa or Mastercard prepaid card or debit card, as applicable. Exclusions may apply based on country, card type, issuing bank or association.
- Card to Card Transfer – A person-to-person Transfer where the Receiver is an individual. The Sender deposits the Transfer Amount to the Receiver’s designated prepaid card that is registered with the same prepaid card program.
- Card to Bank Two Day Transfer – A person-to-person Transfer where the Receiver is an individual. The Sender deposits the Transfer Amount to the Receiver’s designated bank account and will be posted within two (2) business days upon acceptance of the Receiver. Exclusions may apply based on country, card type, issuing bank or association.
Transfer to Debit Card Transactions may be executed under the Fast Funds Transfer Visa Direct program which makes funds available to the recipient faster as determined by Visa Direct. Fast Funds Transfers are only available at certain Banks who have opted to support the “Fast Funds” service. If Fast Funds options are available it means that the Recipient’s bank supports this mode of transfer.
We do not offer the Services to all countries. Additional information regarding the Services may be available and obtained at the Website. The Services, the underlying Transfer and certain aspects of the Services and Transfer may be delayed, restricted, forfeited, or ultimately unavailable due to certain laws and regulations governing our Services as well as certain circumstances and conditions associated with your use of the Services. We will report the Transfer and Transfer Amount, and other information relating to you and/or the use of the Services, to the appropriate legal or regulatory authorities, governing bodies or entities when necessary or appropriate pursuant to the laws and regulations governing our Services.
- Requirements for Using the Service.
IN ORDER TO USE THE SERVICE, YOU MUST:
- Have a valid participating Prepaid Card Account; and,
- Have sufficient funds in your funding Card Account to fund the Transfer and any Fees associated with it; and
- Have registered your Card Account with SenmoNow through the participating mobile application or website.
YOU MAY ONLY USE THE SERVICES FOR A LAWFUL PURPOSE, AND MAY NOT USE THE SERVICES (I) FOR ESCROW, TRUST OR GAMBLING PURPOSES, (II) TO SEND A TRANSFER ON BEHALF OF A THIRD PARTY, (III) TO PAY FOR INTERNET PURCHASES, (IV) TO SEND MONEY TO ANYONE YOU DO NOT KNOW.
We may, without notice and without liability to you, refuse to honor any instruction for a Transfer, provide direction to suspend or deactivate your Card Account, stop or reverse any Transfer, or otherwise suspend or terminate access to, or refuse to provide, any Services at any time in our sole discretion, including with limitation:
- if we believe, in our sole discretion, you directly or indirectly use, or attempt to use, the Services for any unlawful or improper purpose;
- if you provide incomplete, incorrect or false information about yourself, your Payment Method or information about a Receiver;
- if you attempt to transfer or charge funds from a Payment Method that does not belong to you, does not have sufficient available funds (or credit, as applicable), or that has expired, or if your Payment Method is declined or your payment is blocked or reversed for any reason;
- if you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Website or the Services;
- if we have reason to believe any Transfer may not be authorized by you;
- if any Transfer involves funds subject to a hold, dispute or legal process preventing withdrawal from the relevant bank account or credit card account;
- if you have breached a term or condition of this Agreement, or any representation or warranty that you make under this Agreement is false;
- if we determine that your Card Account or User Account is inactive;
- if any Transfer would violate or contradict this Agreement or any of our policies, procedures or practices, or would violate any law, rule or regulation applicable to the Services, you or the provider of any Payment Method; or,
- Any other condition we deem reasonable.
You agree that neither Catalina Card Services, Metropolitan Commercial Bank nor any Service Provider associated with the Service or your Card Account, will be held responsible or liable to you or any other person for such action except as required by law.
- To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who opens a Card Account or initiates a Transfer through the Service. For cardholders, this process is handled through the Card Account enrollment process. For non-cardholders such as Receivers, we reserve the right to require, and may be legally required to obtain, documentation or information that will help us to identify the Receiver in connection with any use of our Service.
If you or a Receiver falsify, misrepresent, or fail to provide requested information, your User Account, Card Account and/or Transfer may be closed or cancelled. In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially federal investigation. We reserve the right to restrict or delay your access to or transfer of any such funds, and we will take any and all lawful steps that we deem necessary or appropriate in order to verify the information you provide.
- User Account Registration.
You will have access to the Service upon the approved registration of your participating Prepaid Card Account. In some cases, you must have a valid user account by registering on the Website or through the Mobile App in order to use the Service. You agree to assume the entire responsibility at all times for the supervision, management, control and confidentiality of your User ID and passcode. You agree that, to the extent permitted by law, you assume the entire risk for all use, including any fraudulent or unintentional use, of your User ID and passcode and that any Service Provider shall have any responsibility or liability to you or any other person for any losses or damages which you or anyone else may suffer if you disclose your User ID and password to any other person or if your User Account is otherwise compromised.
Once your User Account is established, you may conduct Transfers by entering your User ID and passcode on the Website or Mobile App to login to your User Account and following the instructions for the type of Transfer you wish to conduct. You agree that by submitting information to establish a Card Account, or by initiating any Transfer or otherwise accessing or using the Services, you are representing that all of the information that you have provided, or which is currently in your User Account, is complete and accurate in all respects.
YOUR PASSCODE IS HIGHLY CONFIDENTIAL AND SHOULD NOT BE SHARED WITH ANY OTHER PARTY.
CONTACT US AT ONCE AT 855-547-2895 OR EMAIL US THROUGH THE “CONTACT US” LINK ON OUR WEBSITE OR MOBILE APP IF YOU BELIEVE YOUR USER ID AND/OR PASSCODE HAS BEEN LOST OR STOLEN OR YOUR USER ACCOUNT IS OTHERWISE COMPROMISED.
- Initiating a Transfer.
To initiate a Transfer, you must fund the transaction with an approved Payment Method, select a Receiver in the App or add a Receiver by entering the name, and contact information of the Receiver along with the Transfer amount and other information as may be required.
- Limits and Restrictions.
We reserve the right to impose restrictions on each Transfer Amount. Any such limitations and/or other applicable restrictions on the Transfer will be posted on the Website or otherwise disclosed at the time you initiate a Transfer. Preauthorized transfers or planned recurring transfers are prohibited. Use of the Service for commercial purposes is strictly prohibited.
|SenmoNow Transactional Limits* SENDER|
|Frequency||Single Transaction||Daily Limits||Monthly Limits|
|Transfer Type||Domestic||Cross Border||Domestic||Cross Border||Domestic||Cross Border|
|Transfer Amount by Type (USD Max $$)||$1000||$500||$2,500||$1,500||$5,000||$3,000|
|Transfer Amount Total (USD Max $$)||$1,000||$500||$3,000||$5,000|
|*SenmoNow Sender transactional limits are part of participating Prepaid Card limits.|
|Please refer to your participating Prepaid Card Cardholder Agreement for complete Card limits|
|SenmoNow Transactional Limits RECIPIENT|
|Frequency||Single Transaction||Daily Limits||Monthly Limits|
|Transfer Type||Domestic||Cross Border||Domestic||Cross Border||Domestic||Cross Border|
|Transfer Amount by Type (USD Max $$)||1000||500||$2,500||$1,500||$5,000||$3,000|
|Transfer Amount Total (USD Max $$)||$1,000||$500||$3,000||$5,000|
- All fees to be imposed for the Transfer and all applicable third-party fees will be identified on the disclosure generated with your Transfer.
|SenmoNow Transaction Fees for Sending Money|
*May not be currently available.
Following your initiation of the Transfer, we will provide you with a post-transaction Communication (“Receipt”) which will serve as your record of the Transfer. Additionally, records of all Transfers that you initiate will be posted in your participating Prepaid Card Account statement.
- Terms Specific to International Transfers.
In addition to the Transfer Fee applicable to a Transfer, a currency exchange rate may be applied to International Transfers. Certain currencies will be converted to other currencies at an exchange rate set by the Visa Direct program (“Exchange Rate”). The currencies available for payout in the intended destination country of your Transfer (each, a “Payout Currency”) as well as the Exchange Rate for the Transfer will be communicated at the moment of Service. Payouts will generally be made in the national currency of the Expected Destination (“Local Currency”). In some countries or territories, you may designate a Payout Currency other than the Local Currency. The Payout Currency and the Exchange Rate to be used for your Transfer will be reflected in the pre-payment disclosure and the Receipt. The Exchange Rate will be rounded to a consistent number of decimal places for each currency pursuant to applicable laws and regulations. Any difference in the Exchange Rate disclosed to you and the exchange rate received by the participating Prepaid Card will be kept by Us in addition to any Transfer Fee.
- Refunds and Reversals.
If you determine that a transfer was initiated with the incorrect card number, incorrect amount or a duplicate transfer was processed, contact us immediately at 855-547-2895. If we determine that you are entitled to a refund, such refund will be credited to the Card Account used to initiate the Transfer. Local legal and regulatory requirements may apply with regards to returning the funds.
- Expired Transfers.
If you ask us to process a Transfer to an individual Receiver and the Transfer cannot be completed within five (5) days, we will treat the Transfer as no longer capable of execution (an “Expired Transfer”). We will have no obligation, after that five (5) day period, to execute an Expired Transfer. If you become aware that a Transfer Amount has not been accepted by the Receiver, and your Card Account has not been credited for the amount of the Transfer within five (5) days, please contact us at 855-547-2895 to ask for a refund.
- Errors or Questions About Your Transfer.
In the event that you believe an error has occurred with a Transfer, please contact the sender or recipient first and attempt to resolve the issue. All questions about transfers that you initiated using the service should be directed to SenmoNow and then your participating Prepaid Card Program where you have your account.
SenmoNow contact information:
- Call us at 855-547-2895 or
- Write us at PO Box 690, Boys Town NE 68010
- Go to www.senmonow.com website or mobile app and select Customer Service
If you think an error has occurred with a Transfer, Please contact us immediately at 855-547-2895, the website www.senmonow.com, in the SenmoNow Mobile App or write to us at PO Box 690, Boys Town, NE 68010 as promptly as you can.
- Provide your name, email address and phone number that you used to register the User Account
- Provide a description of the error and explain why you believe it is an error
- Dollar amount and date of the Transfer
- If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) business days
- We will determine whether there is an error occurred with a Transfer and will correct any error promptly. If SenmoNow determines that no error occurred in the service, then SenmoNow will work with the participating Prepaid Card Program that initiated the transfer to assist with the investigation of your claim. We will determine whether an error occurred within ten (10) business days after we hear from you
- We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
- For the purpose of this Agreement, “business days” means Monday through Friday, excluding federal banking holidays.
We must hear from you no later than 90 days after you received the first statement of receipt upon which the problem or error appeared. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your SenmoNow User Account, if the error could be viewed in your electronic history,
We will not send you a periodic statement listing transfers facilitated through SenmoNow. The transfers will appear only on the statement issued by your participating Prepaid Card program. Please retain the records from your use of the service and check them against the statement you receive from your Prepaid Card program.
- Your Liability For Unauthorized Transfers.
You agree to exercise reasonable control over your user ID(s); and password(s) and any other access code related to your User Account (each, an “Access Code”). Contact us immediately if you believe your Access Code(s) has been compromised or stolen.
Also, if your transaction history shows transfers that you did not make, including those made with your Card, Card Number or Account Number, or you believe an electronic transfer has been made without your permission, contact your participating Prepaid Card Program immediately and notify us. Telephoning the toll-free number on the back of your Card or contacting Customer Service through your participating Prepaid Card Program’s website or mobile app is the best way of keeping your possible losses down. You could lose all of the money in your Card Account. The limit on your liability for unauthorized transfers are determined by the agreement between you and your Prepaid Card program.
If you tell us within two (2) business days after you learn of the loss or unauthorized transfer, you can lose no more than $50.00 if someone used your Card without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or unauthorized transfer, and we can prove that we could have stopped someone from initiating transfers without your permission if you had told us, you could lose as much as $500.00. If you do not tell us within sixty (60) days after the earlier of the date you electronically access your User Account on which the error appeared, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from transferring your funds if you had told us in time. If you provide us with a documented reason (such as a long trip or a hospital stay) kept you from telling us, the time periods may be extended.
You acknowledge that we may have to deactivate your User Account to prevent future losses. If you share your Access Code(s) with another person, use of your User Account by that person may be considered as authorized. If you authorize another person to use your Access Code(s), you agree that you will be liable for all transactions arising from use of the User Account or Access Code(s) by such person except as otherwise set forth in this Agreement. A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction and you do not benefit from the transaction in any way. Visa’s Zero Liability policy covers U.S.–issued cards only and does not apply to ATM transactions outside the Visa and PLUS networks, PIN transactions not processed by Visa, or certain commercial card transactions. Users must notify us promptly of any unauthorized use.
- Except to the extent that SenmoNow is otherwise liable under this Agreement or by law, you agree to indemnify and hold Catalina Card Services, its shareholders, subsidiaries, affiliates, directors, officers, employees, Agents, representatives, suppliers, Service Providers, and subcontractors harmless from any and all losses, liabilities, claims, demands, judgments and expenses, including but not limited to reasonable attorney’s fees, arising out of or in any way connected with your use of or the performance of the Services.
- Our Liability; Limitations; Disclaimer of Warranties.
If, after receiving a fully paid, timely, complete and accurate Transfer request in accordance with this Agreement, SenmoNow does not complete a Transfer on time or in a correct amount according to this Agreement, SenmoNow will be liable only for your proximately caused actual damages, to the extent required by applicable law. UNLESS APPLICABLE LAW REQUIRES OTHERWISE, YOUR EXCLUSIVE AND MAXIMUM REMEDY AGAINST CATALINA CARD SERVICES IS A REFUND OF THE TRANSFER AMOUNT PLUS ANY REFUNDABLE TRANSFER FEES CHARGED BY SENMONOW. NO OTHER REMEDY IS AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO ANY REMEDY FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. THESE LIMITATIONS APPLY WHETHER YOUR CLAIM ARISES DUE TO CATALINA CARD SERVICES NEGLIGENCE, OTHER FAULT, ERROR, OMISSION OR NON-PERFORMANCE. WE ACCEPT NO RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF AN ISSUER OF RECEIVER’S BANK, OR ANY OF THEIR SERVICE PROVIDERS OR THEIR DESIGNEES. WE WILL NOT BE LIABLE TO YOU: (A) FOR ANY DELAYS OR MISTAKES, OR ANY CLAIMS, LOSSES, OR DAMAGES, RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS, (B) FOR ANY CLAIMS, LOSSES, OR DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH THESE TERMS, COMMUNICATION SYSTEM FAILURES, OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM; (C) IF WE ARE UNABLE TO COMPLETE A TRANSFER BECAUSE YOU HAVE INSUFFICIENT FUNDS FOR US TO DEBIT AGAINST OR THE FUNDS ARE SUBJECT TO A HOLD, LEGAL PROCESS OR OTHER CLAIM RESTRICTING TRANSFERS AT THE TIME WE ATTEMPT TO DEBIT YOUR BANK ACCOUNT OR DEBIT CARD, OR THERE IS INSUFFICIENT CREDIT AVAILABLE ON YOUR CREDIT CARD; (D) IF YOU DID NOT FOLLOW THE TRANSFER INSTRUCTIONS PROPERLY; (E) IF YOU DID NOT PROVIDE US WITH CORRECT, COMPLETE OR TIMELY INFORMATION; OR (F) IF YOUR RECEIVER REFUSES OR FAILS TO ACCEPT OR COLLECT A TRANSFER. YOU EXPRESSLY AGREE AND UNDERSTAND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CATALINA CARD SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Arbitration Provision.
This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party.
(a) Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us, or between you and SenmoNow or Catalina Card Services, Inc., or any of its agents or retailers, arising from or relating to the Services or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreement. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Services (ii) the amount of available funds related to the Services; (iii) advertisements, promotions or oral or written statements related to the Services, goods or services purchased with the Services; and (iv) the benefits and services related to the Services. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any appeals from that court shall be pursued only in arbitration. As used in this Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Services, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us to have and/or use the Services, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional users.
(b) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
(c) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION; THE ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
(d) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other users or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
(e) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
(f) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.
(g) Continuation: This Arbitration Provision shall survive termination of your Services as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
- Changes to this Agreement.
We may change or modify the terms and conditions of this Agreement from time to time, at our sole discretion. We agree to notify you of such changes or modifications by: (a) if required by law, sending a notice of such change or a copy of the amended agreement to your last address or email address shown in our records; or (b) if required by law, posting a notice at the Website. Prior notice of changes may not be given, however, when such notice is not required by law or where an immediate change is necessary for security purposes. By continuing to use the Services or initiating Transfers after any such change, you agree to be bound by the changed terms and conditions of this Agreement as of the effective date of such changes.
- State Specific Legal Notices.
If you are a resident of certain states, you may have additional rights under such state’s laws. Please see the applicable state Legal Notices at www.senmonow.com.
This Service is offered on behalf of Catalina Card Services through Metropolitan Commercial Bank. Catalina Card Services, Inc. is a registered Visa Direct Third-Party Agent with Metropolitan Commercial Bank. SenmoNow money transfers are executed using the Visa Direct program and may be subject to those rules and limitations; recipients must have a Visa or MasterCard prepaid card or debit card (each, a “Card”) to receive SenmoNow funds transfers. Metropolitan Commercial Bank is a New York State-chartered bank and member FDIC. This Agreement is subject to the laws of the State of New York and the jurisdiction of its courts.
© 2018 Catalina Card Services